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Bill that Eliminates Long Divorce Waiting Periods Passes Council Unanimously

WASHINGTON, D.C. — The D.C. Council gave unanimous approval in the first of two votes to legislation that will eliminate unnecessarily long waiting periods to file for divorce. The waiting period is particularly harmful to survivors of domestic violence who are filing for divorce.

The bill, B25-0042 – Grounds for Divorce, Legal Separation, and Annulment Amendment Act of 2023, was originally introduced in 2019 as “Elaine’s Law,” for a D.C. resident who found herself bound by law to her abuser, and then defending her assets from him in her divorce settlement.

“I’m thrilled that this critical legislation is moving forward,” said Nadeau. “District law should not be the thing holding people back from leaving abusive relationships, and in addition to this new law, we should be redoubling our efforts to support survivors of abuse.”

Under current law, those wishing to divorce in the District are required to wait six or 12 months, even if both parties are in agreement. This bill also allows a family court judge to factor in evidence of intrafamily offenses when making a determination on alimony or property distribution. Domestic violence can cost women over $100,000 in their lifetime and men about $23,000. The bill would also allow a family court judge to award exclusive use of a family home to one of the parties.

Councilmembers Janeese Lewis George Brooke Pinto, and Robert White and Chairman Phil Mendelson co-introduced the bill with Nadeau.

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