Uncontested Divorce Petition Packet

DISTRICT OF COLUMBIA UNCONTESTED DIVORCE — COMPLAINT FOR ABSOLUTE DIVORCE FILING PACKET

PART 1 — PRE-FILING ELIGIBILITY CHECKLIST

☐ Residency / jurisdiction: At least one spouse has been a bona fide resident of the District of Columbia for at least 6 months immediately preceding the filing. (D.C. Code § 16-902(a)) Only one spouse must meet this; where the marriage took place does not matter. Military members residing in DC continuously for 6 months during their service qualify. (§ 16-902(e))
☐ Grounds (no-fault, post-2024): A divorce may be granted upon the assertion by one or both parties that they no longer wish to remain married. (D.C. Code § 16-904(a), as amended by D.C. Law 25-115, eff. Jan. 26, 2024) This is the sole ground; no fault, no irreconcilable differences, and no separation period need be alleged.
☐ Waiting period: None. The 2023 Act removed all waiting/separation periods for divorce, legal separation, and annulment. (D.C. Law 25-115, § 2)
☐ Full agreement (uncontested): Both spouses agree on property division, debts, alimony, and any custody/support — or those issues are resolved by written agreement.
☐ Court: File in the Family Court of the Superior Court of the District of Columbia (Moultrie Courthouse, 500 Indiana Avenue NW).

Filing-fee estimate: approximately $80–$120. Fee waivers (in forma pauperis) available for qualifying filers. Verify the current fee with the Family Court Central Intake Center.

PART 2 — COURT CAPTION (used on all pleadings)

PART 3 — COMPLAINT FOR ABSOLUTE DIVORCE (D.C. Code § 16-904)

1. PARTIES

• Plaintiff: [________________________________], residing at [________________________________]
• Defendant: [________________________________], residing at [________________________________]

2. RESIDENCY (D.C. Code § 16-902)

☐ ☐ Plaintiff ☐ Defendant has been a bona fide resident of the District of Columbia for at least 6 months immediately preceding the filing of this Complaint.

3. MARRIAGE FACTS

• Date of marriage: [__/__/____]
• Place of marriage: [____________________]
• Date of separation (if any — not required as grounds): [__/__/____]

4. GROUNDS (D.C. Code § 16-904(a))

☐ Plaintiff ☐ both parties no longer wish to remain married. (This is the sole and sufficient ground; no fault or separation period need be shown.)

5. CHILDREN

☐ There are no minor children born of or adopted during the marriage, and the wife is not known to be pregnant.
☐ The minor children are:

☐ If minor children, attach the required custody/UCCJEA affidavit and address custody, visitation, and support.

6. PROPERTY, DEBTS & ALIMONY (D.C. Code §§ 16-910, 16-913)

☐ The Parties have resolved all property, debt, and support issues by written agreement (attach — Part 6).
☐ The Plaintiff requests the Court equitably distribute property and assign debts under § 16-910.
☐ The Court is asked to consider the history of physical, emotional, or financial abuse by one party against the other as a factor in property division and alimony. (§§ 16-910(a)(2)(L), 16-913(d)(5), as amended by D.C. Law 25-115)

7. NAME RESTORATION

☐ Restore [Plaintiff / Defendant] former/maiden name: [________________________________].

8. RELIEF REQUESTED

Plaintiff requests that the Court grant an absolute divorce and ☐ approve and incorporate the attached agreement ☐ equitably distribute property and debts ☐ award alimony as appropriate ☐ enter custody and support orders ☐ restore the former name above.

Verification (under penalty of perjury):
Plaintiff: [________________________________] Date: [__/__/____]

PART 4 — SUMMONS, SERVICE & CONSENT/ANSWER

☐ Summons issued by the Clerk; Defendant has 21 days (or 60 days if served outside the U.S.) to file an Answer.
☐ Consent Answer / Acknowledgment of Service: In an uncontested case, Defendant signs a Consent Answer and/or Acknowledgment of Service waiving formal service.
☐ Joint/Praecipe for uncontested hearing: Where both parties agree, the case may proceed by an uncontested hearing or on the papers per Family Court procedures.
☐ If Defendant does not answer, Plaintiff may move for default.

PART 5 — FINANCIAL DISCLOSURE

☐ Each spouse has fully disclosed all income, assets, retirement accounts, and debts.
☐ Complete the Family Court's financial statement / affidavit for any contested property, alimony, or support issue.
☐ Child support calculated under the DC Child Support Guideline (D.C. Code § 16-916.01) if minor children are involved — complete the child support worksheet.

PART 6 — MARITAL SETTLEMENT AGREEMENT (incorporated)

MARITAL SETTLEMENT AGREEMENT

This Agreement is entered on [__/__/____] by [PLAINTIFF] and [DEFENDANT] ("the Parties").

Recitals

1. The Parties were married on [__/__/____] at [____________________].
2. There ☐ are ☐ are no minor children of the marriage.
3. The Parties have exchanged full financial disclosure and intend to settle all issues.

Article 1 — Equitable Distribution of Property (D.C. Code § 16-910)

To Plaintiff: [____________________________________________________________]
To Defendant: [____________________________________________________________]

Article 2 — Real Property

☐ The Parties own no real property.
☐ The real property at [________________________________] shall be: ☐ awarded to Plaintiff ☐ awarded to Defendant ☐ sold and net proceeds divided [____]% / [____]%.

Article 3 — Retirement Accounts / QDRO

☐ Each Party retains his/her own retirement accounts.
☐ The [____________________] account shall be divided [____]% / [____]% by Qualified Domestic Relations Order.

Article 4 — Debts

Plaintiff assumes and holds Defendant harmless from: [________________________________]
Defendant assumes and holds Plaintiff harmless from: [________________________________]

Article 5 — Alimony (D.C. Code § 16-913)

☐ Both Parties waive alimony.
☐ [Party ____] shall pay [Party ____] $[__________]/month for [____] months.

Article 6 — Child Custody & Support (if applicable) (D.C. Code §§ 16-914, 16-916.01)

• Legal custody: ☐ Joint ☐ Sole to [_________]
• Physical custody: ☐ Joint ☐ Primary with [_________]
• Parenting schedule: [____________________________________________________________]
• Child support: $[__________]/month under the DC Guideline; health insurance by ☐ Plaintiff ☐ Defendant; unreimbursed medical shared [____]% / [____]%.

Article 7 — Mutual Releases

Each Party releases the other from all claims arising from the marriage except as set forth herein.

Plaintiff: [________________________________] Date: [__/__/____]
Defendant: [________________________________] Date: [__/__/____]

PART 7 — JUDGMENT OF ABSOLUTE DIVORCE (Proposed Order) (D.C. Code § 16-904)

JUDGMENT

The Court, finding that the residency requirement of D.C. Code § 16-902 is satisfied and that ☐ Plaintiff ☐ both parties no longer wish to remain married (§ 16-904(a)), orders, adjudges, and decrees:

1. The Parties [PLAINTIFF] and [DEFENDANT] are granted an ABSOLUTE DIVORCE from the bonds of matrimony, effective on entry of this Judgment.

2. Property & Debts: ☐ The attached agreement is approved and incorporated. ☐ Property and debts are distributed as set forth herein under § 16-910.

3. Alimony: ☐ None ☐ As stated: [________________________________]

4. Children / Support: [________________________________]

5. Name Restoration: ☐ Granted: [________________________________].

6. Other Orders: [________________________________]

Date: [__/__/____] Judge, Superior Court of the District of Columbia: [________________________________]

PART 8 — STEP-BY-STEP FILING PROCEDURE

1. Confirm residency — at least one spouse a bona fide DC resident for 6 months. (D.C. Code § 16-902)
2. Complete forms: Complaint for Absolute Divorce (Family Court form) and required cover/information sheets; custody/UCCJEA affidavit if minor children.
3. File at the Family Court Central Intake Center, Moultrie Courthouse; pay ~$80–$120 (or request a fee waiver).
4. Serve Defendant (21 days to answer; 60 if abroad), or obtain a Consent Answer / Acknowledgment of Service for an uncontested case.
5. Resolve property/support by written Marital Settlement Agreement (Part 6).
6. Proceed uncontested — there is no waiting or separation period to satisfy. (D.C. Law 25-115)
7. Court enters the Judgment of Absolute Divorce (Part 7), often on the papers or after a brief uncontested hearing.
8. Post-judgment: record/retitle real estate; process QDROs; set up child support through CSSD; update beneficiaries; obtain certified copies.

PART 9 — KEY POINTS / FORMS QUICK REFERENCE

SOURCES AND REFERENCES

• D.C. Law 25-115 — Grounds for Divorce, Legal Separation, and Annulment Amendment Act of 2023 (eff. Jan. 26, 2024) — https://code.dccouncil.gov/us/dc/council/laws/25-115
• D.C. Code § 16-904 (Grounds for divorce, as amended) — https://code.dccouncil.gov/us/dc/council/code/sections/16-904
• D.C. Code § 16-902 (Residence); § 16-910 (Equitable distribution); § 16-911 (Pendente lite); § 16-913 (Alimony)
• DC Courts — Family Court / Divorce — https://www.dccourts.gov/services/family-matters

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. You must have this template reviewed and customized by a qualified attorney licensed in your jurisdiction before use. Do not use this template without professional legal review.