You may know your marriage is ending but still have questions about what happens next. Can you remain in the family home? What happens to retirement savings? How will decisions about your children be made?
At Petrelli Previtera, LLC, we help clients identify those financial and parenting concerns, understand their options, and develop an approach to resolving them. Some matters can be settled through negotiation. Others need discovery, temporary court orders, or trial preparation. The right next step depends on your circumstances.
DC Divorce Law Has Changed
Under current DC law, one or both spouses may assert that they no longer wish to remain married. There is no separation period to complete before filing, and your spouse does not need to agree to end the marriage. The general six-month DC residency requirement is different from the former separation requirement. Our summary of the DC divorce law changes explains why advice from an earlier divorce may now be outdated.
Being eligible to file is not the same as having every issue resolved. Alimony, property division, and parenting matters can require separate analysis, negotiation, or court action.
What Needs Attention Before You File or Settle?
Property and Debt
We look at what each spouse owns and owes, whether assets may be separate or marital, and what records are needed to understand their value. A business interest, inheritance, pension, or jointly owned home may require a different approach from an ordinary bank account. See our DC property division lawyer page and equitable distribution guide.
Support and Monthly Finances
One spouse may need financial support while the case is pending or after divorce. The relevant questions extend beyond salaries to living costs, available resources, earning capacity, and what each spouse can reasonably afford. We help clients evaluate the financial effect of proposed terms. Learn more about DC spousal support representation.
Children and Parenting
Custody decisions involve more than dividing parenting time. School routines, work schedules, medical decisions, communication, and safety can all matter. We help parents assess arrangements that are practical for their children. See our DC child custody page.
Retirement and Federal Benefits
Retirement assets may require plan-specific division documents. For federal employees and their spouses, pension orders, Thrift Savings Plan rules, survivor benefits, and health coverage deserve specific attention before signing an agreement. Explore divorce for federal employees and retirement orders and QDROs.
How Our Attorneys Approach Divorce Cases
We review the immediate issues first: whether temporary support or housing arrangements need attention, whether financial records are available, and whether there are urgent parenting concerns. We then evaluate which issues can be resolved through agreement and which may require formal discovery or a court decision.
Contested divorce: Disagreement about property, support, or parenting can require further preparation and court involvement. We help identify the issues that matter most and the evidence needed to address them.
Uncontested divorce: Agreement can reduce disputes, but it still matters whether the proposed terms are complete, practical, and accurately documented. Even when spouses agree, the court must enter the divorce judgment.
Under DC Courts guidance, alimony and marital-property distribution generally must be requested in the divorce case if you want the court to award them. That is one reason to understand the legal and financial claims before moving too quickly. Read our filing guide, divorce timeline guide, and divorce cost guide for additional planning questions.
What Should You Bring to an Initial Discussion?
Helpful starting materials may include income information, major account and debt statements, any agreement already proposed, existing court orders, and a brief summary of immediate concerns. You do not need every document to begin asking questions; missing or inaccessible information may itself be important to discuss.
Frequently Asked Questions
Do I have to live apart before filing for divorce in DC?
No. DC does not require a period of separation before filing. Residency and other jurisdictional requirements still apply.
Can my spouse prevent the divorce by refusing to agree?
A spouse’s refusal does not prevent the other spouse from asserting the current legal ground for divorce. Disputed financial and parenting issues may still need to be resolved.
Can we settle without a trial?
Many issues can be negotiated, but the suitability of a proposed agreement depends on its terms and your circumstances. The court must still enter the divorce judgment.
Speak With Our Washington, DC Family Law Team
Our office is located at 1717 K Street NW, Suite 900, Washington, DC 20006. Call (202) 519-0366 or schedule a consultation to discuss your situation. We can help you identify the questions to address before deciding on a course of action.
