Washington D.C. Grounds for Contested Divorce

Filing a contested divorce generally begins with a petition for divorce citing appropriate grounds, followed by mandatory mediation or settlement conferences. If unresolved, the case proceeds to trial, where evidence and testimony support the petitioner's claims.

Adultery is one of the most frequently cited grounds in contested divorce cases. In D.C., it refers to voluntary sexual intercourse with a person other than one’s spouse. Emotional affairs or non-sexual conduct typically do not meet the standard unless accompanied by other misconduct.

Courts evaluate evidence such as phone records, hotel receipts, and witness testimony. Importantly, the accusing party must not have continued cohabitation after learning of the affair, as this may be considered legal condonation.

Also known as abandonment, desertion involves one spouse willfully leaving the marital home without justification and intending not to return. Under D.C. Code §16–904(a), the separation must last at least one year without cohabitation and without the consent of the other spouse.

Examples of justified absence include safety concerns or mutual separation agreements. The abandoning party’s intent is central to proving desertion.

Cruelty includes physical violence or extreme emotional abuse that makes it unsafe or intolerable to continue the marriage. Courts have found that repeated verbal humiliation, financial control, or coercive conduct may also qualify when severe.

A spouse does not need to wait for a pattern of violence; a single incident of grave harm may suffice if it endangers the spouse’s physical or mental well-being.

This includes instances where the spouse mistreats the other’s close relatives, such as parents or children. Courts recognize that such abuse can cause irreparable breakdown of marital trust, especially when the offending spouse shows no remorse or continues abusive conduct.

If a spouse has been absent and their whereabouts are unknown for a continuous period of at least seven years, they are presumed legally dead. While this is rare, it is still a valid ground under D.C. common law principles.

The burden is on the petitioner to prove extensive efforts were made to locate the missing spouse and that there has been no communication or trace of life.

This is a no-fault ground, but in contested cases, it can still require proof of serious dysfunction. According to D.C. Code §16–904(a), the parties must have lived apart without cohabitation for at least six months, mutually and voluntarily, or for one year if involuntary.

Examples of such breakdown include prolonged lack of communication, cessation of marital relations, or divergent life paths despite efforts at reconciliation.

Contested divorces involve nuanced facts and emotional complexities. Legal counsel helps:

Identify the most applicable legal ground.

Collect admissible evidence, including through subpoenas or depositions.

Prepare for settlement discussions or trial.

Protect child custody, property, and support interests.

Engaging with an experienced family law attorney in D.C. ensures that your case is strategically framed and your rights are preserved throughout the litigation process.