Grounds for Divorce in the District of Columbia: No-Fault, Fault and Separation Requirements
The District of Columbia has one ground for divorce: the assertion by one or both parties that they no longer wish to remain married. No separation period is required, though a history of abuse is weighed in property, alimony and custody.
What are the grounds for divorce in the District of Columbia?
One: the assertion by one or both parties that they no longer wish to remain married (D.C. Code 16-904(a)). There is no fault ground and no list of causes.
| Action | Section | What the statute says |
|---|---|---|
| Divorce | 16-904(a) | Granted upon the assertion by one or both parties that they no longer wish to remain married |
| Legal separation | 16-904(b) | Granted upon at least one party’s assertion that they intend to pursue a separate life without obtaining a divorce |
| Annulment | 16-904(d) | A prior living spouse, insanity at the time of marriage, fraud or coercion, incapacity, or a party under 18 (at that party’s suit) |
Is there a separation requirement in the District of Columbia?
No. No separation period appears in the current text, where former subsection (c) is repealed and the statute requires only the assertion. The only fixed time is the 6-month residence rule. See the District of Columbia divorce timeline calculator.
Can one spouse refuse to agree in the District of Columbia?
Not to block the divorce. It may be granted on the assertion of one or both parties, so the other spouse’s refusal does not control the ground. The spouses still contest property, alimony and custody.
Does fault matter to property and alimony in the District of Columbia?
Abuse does. The property statute directs the court to consider the circumstances that contributed to the estrangement of the parties, including the history of physical, emotional or financial abuse by one party against the other (16-910(a)(2)(L)), and the alimony statute lists the same circumstances (16-913(d)(5)). See the District of Columbia property division calculator and the District of Columbia alimony calculator.
Does fault matter to the children in the District of Columbia?
An intrafamily offense, child abuse, child neglect or parental kidnapping found by a preponderance of the evidence reverses the usual joint custody presumption, and evidence of an intrafamily offense is one of the best-interest factors (16-914(a)(2)-(3)). See the District of Columbia parenting time calculator.
What about legal separation in the District of Columbia?
A legal separation from bed and board may be granted on at least one party’s assertion that they intend to pursue a separate life without obtaining a divorce (16-904(b)). The same residence rule applies to an action for legal separation (16-902(a)).
What are the annulment grounds in the District of Columbia?
A marriage may be annulled where it was contracted while either party had a living former spouse, during either party’s insanity (unless there was voluntary cohabitation after the insanity was discovered), by fraud or coercion, where either party was matrimonially incapacitated at the time without the other’s knowledge, or where a party was under 18, but only at the suit of that party (16-904(d)).
Can a domestic partnership be ended in the District of Columbia?
Yes. Domestic partnerships registered under section 32-702(a), or relationships recognized under 32-702(i), may be terminated by judicial decree or judgment (16-904(e)), and the same property, alimony and pendente lite statutes apply to them.
Do the grounds change the timeline in the District of Columbia?
No. The same residence rule and the same ground apply to every District of Columbia divorce, whether the spouses agree or not.
Frequently asked questions
What are the grounds for divorce in the District of Columbia?
The assertion by one or both parties that they no longer wish to remain married.
Is the District of Columbia a no-fault divorce jurisdiction?
Yes. No fault ground exists; the assertion is enough.
Is a separation period required for a District of Columbia divorce?
No separation period is required by the statute.
Does abuse matter in a District of Columbia divorce?
It is a factor in dividing property, setting alimony and deciding custody.
Can I get a legal separation in the District of Columbia?
Yes, on at least one party’s assertion that they intend to pursue a separate life without a divorce.
Official sources
- D.C. Code 16-902: residency requirements
- D.C. Code 16-904: grounds for divorce, legal separation and annulment
- D.C. Code 16-911: pendente lite relief
- D.C. Code 16-914: custody of children
- D.C. Code 16-910: assignment and equitable distribution of property
- D.C. Code 16-4602.01: initial child-custody jurisdiction
- D.C. Code 16-913: alimony
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited District of Columbia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed District of Columbia attorney.