District of Columbia · Divorce laws · Updated Oct 2026
District of Columbia divorce laws
Who can file for divorce in District of Columbia, how long it takes, the official forms and fees, property, support and children, in plain English from official sources, with a free timeline estimator and checklist.
Where and how to file in District of Columbia
- Who can file (residency)
- You or your spouse must have lived in D.C. for at least 6 months before you file. It doesn't matter where you married. Same-sex couples married in D.C. who live where their marriage isn't recognized can file here without this rule.
- Waiting period
- There is no required period of separation and no set waiting period before you file. The case still takes time: your spouse must be served and have a chance to answer, and the court schedules a hearing.
- Court
- D.C. Superior Court, Family Court (Domestic Relations Branch)
- Official forms
- Divorce forms (District of Columbia courts)
- Court self-help
- Divorce self-help (District of Columbia courts)
- Filing fee
- Check with your court
- If you can't afford the fee
- Ask the Family Court Self-Help Center or clerk for the Application to Proceed Without Prepayment of Costs, Fees or Security (in forma pauperis).
- Simpler process for agreed cases
- Uncontested divorce: your spouse can sign a Consent Answer to Complaint for Divorce, and you can file a Joint Request for Uncontested Divorce hearing (forms on the court's divorce page).
- E-filing
- The Superior Court has online filing; see https://www.dccourts.gov/superior-court/file-online-efiling
- Law
- D.C. Code 16-902 · D.C. Code 16-904(a) (as amended by D.C. Law 25-115, 2024); D.C. Superior Court Family Court
Divorce in District of Columbia, step by step
Check that you can file in District of Columbia
You or your spouse must have lived in D.C. for at least 6 months before you file.
Get the official forms
Use the court's official divorce forms: Divorce forms (District of Columbia courts) Uncontested divorce: your spouse can sign a Consent Answer to Complaint for Divorce, and you can file a Joint Request for Uncontested Divorce hearing (forms on the court's divorce page).
File the papers and pay the fee, or ask for a waiver
File with the D.C. Superior Court, Family Court (Domestic Relations Branch). Can't afford it? Ask the Family Court Self-Help Center or clerk for the Application to Proceed Without Prepayment of Costs, Fees or Security (in forma pauperis).
Serve your spouse
Your spouse must be formally served with the complaint and summons by someone 18+ who is not a party, or by certified mail with return receipt.
Your spouse responds
Follow the deadline on the summons or notice you receive. The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.
Wait out the waiting period
There is no required period of separation and no set waiting period before you file.
Agree, or go to mediation or a hearing
The Superior Court's Multi-Door Dispute Resolution Division offers family mediation for custody, support and property issues: https://www.dccourts.gov/superior-court/superior-court-divisions/multi-door-dispute-resolution-division/mediation. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.
Get the final decree
The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. If you took a new name at marriage, the court must, if you ask, put your birth name or other previous name in the divorce decree.
Free tools for District of Columbia
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Divorce timeline estimator for District of Columbia
See the earliest date the law lets a judge sign your final divorce decree, from your filing date. Nothing you type here is sent anywhere.
Grounds for divorce in District of Columbia
- No-fault ground
- one or both spouses assert that they no longer wish to remain married
- Fault grounds
- Not available: no-fault only
- Law
- D.C. Code 16-904(a)
Property and debts in District of Columbia
- System
- Equitable distribution
- The rule
- Each spouse keeps their sole and separate property (such as property from before the marriage or gifts and inheritances). Everything else gathered during the marriage is divided in a way that is equitable, just and reasonable. You must ask for property division in the divorce case or you lose the chance.
- Law
- D.C. Code 16-910
Alimony (spousal support) in District of Columbia
The court may award alimony (including for a set term or indefinitely) if it is just and proper, looking at factors like each spouse's ability to be self-supporting, time needed for training, standard of living, length of the marriage, age and health, and each spouse's finances. You must ask for alimony in the divorce case. D.C. Code 16-913.
Children: custody and support in District of Columbia
- What District of Columbia calls custody
- custody and visitation
- Child support agency
- Office of the Attorney General, Child Support Services Division (CSSD)
Serving your spouse in District of Columbia
- How your spouse gets the papers
- Your spouse must be formally served with the complaint and summons by someone 18+ who is not a party, or by certified mail with return receipt. Your spouse can instead sign the Consent Answer.
- Time to respond
- Follow the deadline on the summons or notice you receive. Court rules generally give 21 days after service to answer; if you agree, you can file a Consent Answer instead. Not answering can lead to a default judgment.
- Law
- D.C. Super. Ct. Dom. Rel. R. 4, 12
Going back to a former name in District of Columbia
Yes. If you took a new name at marriage, the court must, if you ask, put your birth name or other previous name in the divorce decree.
Mediation in District of Columbia
The Superior Court's Multi-Door Dispute Resolution Division offers family mediation for custody, support and property issues: https://www.dccourts.gov/superior-court/superior-court-divisions/multi-door-dispute-resolution-division/mediation
If you are in danger
If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7, in English and Spanish: call 1-800-799-7233, text START to 88788, or chat at thehotline.org.
Protective orders in District of Columbia: If you are in danger, call 911. Civil Protection Orders are handled by the D.C. Superior Court Domestic Violence Division: https://www.dccourts.gov/superior-court/superior-court-divisions/domestic-violence-division/get-a-protection-order
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Free help in District of Columbia
Good to know in District of Columbia
- Since D.C. Law 25-115 (effective Jan. 26, 2024), you no longer need to be separated first: a divorce can be granted when one spouse says they no longer wish to stay married (D.C. Code 16-904(a)).
- If you don't ask for alimony and property division in your divorce case, you lose the chance to ask later (D.C. Superior Court).
Changes in 2024–2026
D.C. Law 25-115 (Jan. 26, 2024) replaced the old separation-based grounds (6 months mutual / 1 year) with a simple assertion that a spouse no longer wishes to remain married; D.C. Law 25-311 (Mar. 21, 2025) amended 16-904 again (legal separation wording).
Divorce checklist for District of Columbia
Answer a few questions to get a checklist for your state: documents to gather, the official forms, the fee or fee waiver, serving your spouse, children and the final steps. Print it or download it. Nothing you type is sent anywhere.
Questions about divorce in District of Columbia
How long do you have to live in District of Columbia to file for divorce?
You or your spouse must have lived in D.C. for at least 6 months before you file. It doesn't matter where you married. Same-sex couples married in D.C. who live where their marriage isn't recognized can file here without this rule.
How long does a divorce take in District of Columbia?
There is no required period of separation and no set waiting period before you file. The case still takes time: your spouse must be served and have a chance to answer, and the court schedules a hearing.
What are the grounds for divorce in District of Columbia?
District of Columbia's no-fault ground is one or both spouses assert that they no longer wish to remain married. District of Columbia has no fault grounds.
Is District of Columbia a community property state?
No. District of Columbia uses equitable distribution. Each spouse keeps their sole and separate property (such as property from before the marriage or gifts and inheritances). Everything else gathered during the marriage is divided in a way that is equitable, just and reasonable. You must ask for property division in the divorce case or you lose the chance.
Can I get the divorce filing fee waived in District of Columbia?
Ask the Family Court Self-Help Center or clerk for the Application to Proceed Without Prepayment of Costs, Fees or Security (in forma pauperis).
Is there a simpler divorce process in District of Columbia?
Uncontested divorce: your spouse can sign a Consent Answer to Complaint for Divorce, and you can file a Joint Request for Uncontested Divorce hearing (forms on the court's divorce page).
How long does my spouse have to respond in District of Columbia?
Follow the deadline on the summons or notice you receive. Court rules generally give 21 days after service to answer; if you agree, you can file a Consent Answer instead. Not answering can lead to a default judgment.
Can I change my name back in a divorce in District of Columbia?
Yes. If you took a new name at marriage, the court must, if you ask, put your birth name or other previous name in the divorce decree.
Is mediation required in a divorce in District of Columbia?
The Superior Court's Multi-Door Dispute Resolution Division offers family mediation for custody, support and property issues: https://www.dccourts.gov/superior-court/superior-court-divisions/multi-door-dispute-resolution-division/mediation
How does alimony work in District of Columbia?
The court may award alimony (including for a set term or indefinitely) if it is just and proper, looking at factors like each spouse's ability to be self-supporting, time needed for training, standard of living, length of the marriage, age and health, and each spouse's finances. You must ask for alimony in the divorce case. D.C. Code 16-913.