Many people picture divorce as a long, costly process that leaves both sides embittered and unhappy with the outcome. It does not have to be that way.

If you and your spouse can agree on how to divide marital property and debt, whether alimony will be paid, and how to handle any children, you may qualify for an uncontested divorce in DC.

Once you have reached that agreement and signed the required paperwork, you file it with the court. From there, you receive a single court date where a judge reviews everything and grants the divorce that same day, no multiple hearings, no drawn-out litigation.

What to do Before Filling for Uncontested Divorce

First, you must meet the residency and separation requirements necessary to get a divorce in DC. These requirements are that either you or your spouse have lived in DC for six months before filing for divorce and that you have been separated mutually and continuously from one another for six months or have been separated continuously for one year. The law of divorce in DC allows for separation while cohabitation, which means some people can get their uncontested divorce in DC by proving to the court that they are separated even though they are still living together. Our DC Family Lawyer can explain the requirements for separation while cohabitating.

Beyond the residency and separation requirements, you will need a signed agreement that resolves every issue in your divorce. The only thing you are asking the court to do is grant the divorce itself.

Our DC divorce lawyer can help you draft a marital settlement agreement that meets the court's standards. In limited cases, a written agreement may not be required, but having one in writing is almost always the better approach. If you have already drafted an agreement, we can review it to make sure it covers everything it needs to before you file.

Documents you Need to Prepare for Filing

In addition to the settlement agreement, there are several documents that you and your spouse will have to prepare for filing for your DC uncontested divorce. The person filing the case must prepare and sign a Complaint for Absolute Divorce in DC. The other party will have to prepare and sign a Consent Answer. You both will also have to sign an Uncontested Praecipe document, which alerts the court clerk that the case is uncontested. Collectively, these documents for an uncontested divorce in DC are referred to as the pleadings in the case.

Once the court clerk identifies the case as uncontested, it is placed on an expedited track and heard before contested divorce cases filed at the same time. In most cases, you can expect a hearing date within three to five weeks of filing.

Depending on your situation, you and your spouse may also want to consider signing a joint waiver of appeal. Our DC divorce lawyer can explain the pros and cons of signing one. We can also ensure all pleadings are drafted and filed correctly, so there are no surprises on the day of your hearing.

Uncontested Divorce Cases in DC

The Barkat Law Firm has handled countless uncontested divorce cases in DC. We know what it takes to move efficiently from agreement to hearing so you can put the divorce behind you without a lengthy or expensive court process.

Our DC divorce lawyer will be with you at every stage, drafting and reviewing your agreement, preparing and filing the pleadings, and appearing alongside you at the hearing.

Hearings for Uncontested Divorce in DC

At the hearing, a judge will review the filed pleadings and ask questions to confirm everything is in order before granting the divorce. For many people, appearing before a judge is an unfamiliar and stressful experience.

Our DC divorce lawyer will attend the hearing with you, walk you through what to expect, and make sure you feel prepared for every step of the process.

FAQ’s About Uncontested Divorces in 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, property settlement agreement, 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.

How can I qualify for an uncontested divorce in Washington, DC?

To get an uncontested divorce in Washington, DC, you must meet the jurisdictional requirements and agree on all issues in your case.

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

The jurisdictional requirements for an uncontested divorce in Washington, DC require that one of the parties to the divorce case has lived in Washington, DC, for at least six months preceding the divorce filing 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 before filing.

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

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

Do both parties have to attend the uncontested divorce hearing?

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.

How do I prepare for my uncontested divorce hearing?

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

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

Yes, your attorney can attend the hearing with you as long as that has been agreed to.

What happens at the uncontested divorce hearing?

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

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