Washington D.C. Common Law Marriage Divorce: Legal Procedures and Property Division

A valid common law marriage in D.C. exists when a couple:

• Agrees to be married,
• Cohabits voluntarily,
• Presents themselves publicly as married.

Proof of such relationships often includes joint bank accounts, shared lease agreements, joint tax filings, or witness testimony from friends or relatives. The burden of proving the relationship rests with the party seeking to assert rights stemming from it.

When both parties agree to end their common law relationship, they may separate without filing for divorce. However, agreements regarding child custody, property division, or support should be documented, as disputes can later arise. It is recommended to draft a formal separation agreement outlining the terms, even if no court filing is required.

Either party may end the relationship unilaterally. No legal notice is required; however, if the termination causes significant emotional harm, the affected party may seek damages through a civil claim. This typically hinges on proving the legitimacy of the common law marriage. In practice, emotional distress claims are more successful when accompanied by evidence of abrupt abandonment or economic harm.

Assets acquired during the relationship through joint effort or financial pooling are considered jointly owned. Even without formal marriage, courts may recognize each partner's equitable interest based on their financial or non-financial contributions. This includes real estate, vehicles, retirement savings, and household items.

The court evaluates various factors when determining fair division:

• Duration of the relationship
• Financial contributions of each party
• Non-financial contributions (e.g., childcare, homemaking)
• Income disparity
• Sacrifices made by either party for the other’s career or education

For example, if one party stayed home to raise children while the other advanced professionally, courts may award a larger share of assets to compensate for lost earning potential.

A lawyer can assist with:

• Documenting the existence of the common law marriage
• Negotiating fair asset division
• Filing claims for support or compensation
• Resolving custody or visitation rights

Where informal separation becomes contentious, attorneys help present evidence such as joint leases, shared bank accounts, or witness testimony. An experienced attorney can also evaluate whether a formal court petition (such as a petition for partition) is appropriate or whether alternative dispute resolution methods like mediation may suffice.

The absence of a formal marriage makes legal strategy even more crucial. Since no divorce decree will be issued, parties must rely on civil claims like unjust enrichment, constructive trust, or partition actions to resolve financial disputes. Additionally, if one party controls all assets post-separation, temporary injunctions may be necessary to freeze accounts or prevent asset transfer during litigation.