Uncontested Divorce

 

 

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Frequently Asked Questions About Uncontested Divorces in Washington, DC

An uncontested divorce, or consent divorce, is a divorce where the parties have reached an agreement on all the relevant issues to their case such as property division, alimony, child custody, child support, etc., and the only thing the court has to do is grant a divorce. Below are several frequently asked questions about uncontested divorces in Washington, DC.

Q: How can I qualify to get an uncontested divorce in Washington, DC?

A: In order to get an uncontested divorce in Washington, DC you need to meet the jurisdictional requirements and have an agreement on all issues in your case.

 

Q: What are the jurisdictional requirements for an uncontested divorce in Washington, DC?

A: The jurisdictional requirements for an uncontested divorce in Washington, DC require that one of the parties to the case have lived in Washington, DC for at least six months preceding the filing of the case, and that the parties have been mutually, voluntarily, and continuously separated for six months before the filing, or that the parties have been separated for one year prior to filing.

 

Q: How long does it take to get a court date for an uncontested divorce in Washington, DC?

A: The court date is assigned at the time of the filing, and is dependent on the Court’s docket. However, you can usually expect to receive a court date that is set for about 3-5 weeks after the time of filing. For example, if you file on August 1, you will likely be in court at the end of August or beginning of September.

 

Q: Do both parties have to attend the uncontested divorce hearing?

A: The party who files the case must attend the hearing or the case can be dismissed. The non-filing party has discretion over whether to appear or not, and if they do not appear the uncontested divorce hearing can still proceed without them.

 

Q: How do I prepare for my uncontested divorce hearing?

A: To prepare you should review the filings and your settlement agreement. If you have an attorney you should ask them to help you prepare.

 

Q: Does my attorney come to the uncontested divorce hearing with me?

A: Yes, your attorney can attend the hearing with you so long as that has been agreed to in advance.

 

Q: What happens at the uncontested divorce hearing?

 

A: At the hearing, the clerk will call your case when the judge is ready. The judge, or an attorney, will then ask a series of questions to the filing party related to documents that were filed in court. If all the proper requirements have been met, then the judge will then issue your divorce order.

 

Q: Does the judge review my settlement agreement at the uncontested divorce hearing?

A: It depends, based on your specific case it might make sense to have the judge review the settlement (ex. if there are custody issues), or it might be better to leave the settlement as a private agreement.

 

Q: How long is the uncontested divorce hearing?

A: The hearings are relatively short, and you can expect in most cases not to be in court for very long.

 

Q: What if my case started as a contested court case, but we now have an agreement?

A: If your case started contested and was already in court you can let the court know that the case has been settled and can now proceed as an uncontested case.