How to start the divorce process in Washington, DC
If you’re considering divorce, you likely have questions about how to start the divorce process. If your matter is contested — meaning you and your spouse haven’t reached an agreement on one or more issues, such as property division, support or custody — and if for strategic or other reasons you wish to proceed in Court, you’ll need to file a contested Complaint for divorce in Court.
While every divorce is different, here’s a high-level overview of what to expect when filing for divorce in the District of Columbia.
Step 1: Confirm that you meet the requirements to file for divorce
The first step is to determine that you meet the specific legal criteria to file for divorce in DC.
Residency requirements
Before you can file for divorce in Washington, DC, you must meet the residency requirement. At least one spouse must have been a bona fide resident of the District for six months immediately preceding the filing of the complaint.
Grounds for divorce
In DC, you can file for divorce simply because you want one. One or both parties need only assert that they no longer wish to remain married.
You do not have to prove fault or live separate and apart for any period of time before filing.
Step 2: Draft and file a Complaint for Divorce
Once you’ve decided to proceed, the next step is to file a Complaint for Divorce.
This document officially starts your case. It provides the Court with basic facts about your marriage and family, outlines the legal grounds for divorce and specifies the issues you’re ultimately asking the Court to decide. These may include property division, alimony, child custody and child support.
Step 3: Serve your spouse with the divorce papers
After the Complaint is filed, your spouse must be formally notified of the case. This is called “service of process.”
Service may be completed by a private process server, certified mail with a signed return receipt or electronic means, such as email or text. Service may also be accepted through a signed Notice and Acknowledgement of Service.
You may want to use one method of service over another depending on the circumstances of your case (your family law attorney can advise you on this).
Step 4: Your spouse responds to the complaint
Once your spouse has been served, they have 21 days to respond to your Complaint for Divorce.
They may:
- File their Answer to your Complaint for Divorce
- File their own Counterclaim for Divorce, or
- Challenge the sufficiency of your pleading
If your spouse files a Counterclaim for Divorce, you’ll have an opportunity to respond. A reply generally must be filed within 21 days after you’re served with the counterclaim.
What happens after the complaint and response?
After the Complaint has been filed and the case is underway, the courthouse doors have been opened for you to begin formal discovery. This can include asking the other party questions under oath, requesting documents and issuing subpoenas.
You may also file something called a Motion for Pendente Lite Relief, which asks the Court to put certain temporary measures in place while you’re waiting for your final trial.
Temporary orders can address issues such as:
- Child support or spousal support
- An interim custody schedule
- Exclusive use and possession of a home
At some point, the Court may order you and your spouse to attend mediation or another form of alternative dispute resolution. If you’re unable to reach a resolution, the Court will schedule trial dates.
Even when a trial is scheduled, you can still resolve your matter before the trial begins. Sometimes, setting trial dates can strategically help motivate both sides to sit down and resolve their case. Without those dates, a matter might otherwise linger for months, either because one side is intentionally delaying or because life simply gets in the way.
Why family law guidance matters early when filing for divorce
The decisions you make before filing can shape the entire course of your divorce. That’s why it’s important to consult an experienced family law attorney early in the process.
A divorce attorney can evaluate your circumstances and advise whether it makes strategic sense to file immediately or whether a different approach may better suit your goals.
If filing for divorce is the right step, a family law attorney can also guide you on what to include in the complaint and help you navigate each stage of the litigation process.
Emily Baker and Olivia Scott are family law attorneys at Tucker Family Law. If you’re considering divorce or have questions about the divorce filing process in the District of Columbia, Maryland or Northern Virginia, contact our team to schedule a consultation.
