DC has long been a no-fault jurisdiction when it comes to divorce and legal separation. However, both required a period of separation – until now.

The grounds for divorce and legal separation recently changed. The prior grounds for divorce in DC were: (1) mutual and voluntary separation for at least six months, or (2) separation for at least one year. The prior grounds for legal separation in DC were: (1) mutual and voluntary separation, or (2) separation for at least one year.

Effective January 26, 2024, DC changed its grounds for divorce and legal separation to eliminate the requirement of separation for a period of time. There is now no waiting time for a divorce or legal separation. The only ground for divorce now is that one or both parties must assert that they no longer wish to remain married, and the only ground for legal separation now is that at least one party must assert that they intend to pursue a separate life without obtaining a divorce.

For a look at how grounds for divorce vary between D.C. (after this update), Maryland, and Virginia, check out “Location 101: A Comparison of Grounds for Divorce in Washington, D.C., Maryland, and Virginia.”