Divorce Residency Requirements in the District of Columbia
In the District of Columbia, one spouse must have been a bona fide resident for 6 months, and a divorce is granted when one or both spouses assert they no longer wish to remain married.
Last checked . General information, not legal advice.
District of Columbia at a glance
- State residency
- 6 months
- An exception applies to some same-sex couples married in D.C.
- County residency
- Not applicable (single jurisdiction)
- No-fault ground
- A spouse no longer wishes to remain married
- Current text of D.C. Code 16-904(a), last amended by D.C. Law 25-311 (2025).
The rules in the District of Columbia
How long must you live in the District of Columbia before filing for divorce?
State residency in the District of Columbia: 6 months. An exception applies to some same-sex couples married in D.C.
Is there a county residency requirement for divorce in the District of Columbia?
County residency in the District of Columbia: Not applicable (single jurisdiction).
What is the no-fault ground for divorce in the District of Columbia?
No-fault ground in the District of Columbia: A spouse no longer wishes to remain married. Current text of D.C. Code 16-904(a), last amended by D.C. Law 25-311 (2025).
Where do the the District of Columbia divorce residency requirements come from?
The rules above come from D.C. Code 16-902 and D.C. Code 16-904. Each source is linked on this page. We last checked them in October 2026.
Good to know
D.C. Code 16-904 was amended by D.C. Law 25-115 (2024) and D.C. Law 25-311 (2025). The current text allows divorce on one or both spouses' statement that they no longer wish to remain married.
What this means in practice
Residency is about where a spouse actually lives and intends to stay, not just a mailing address. Courts may look at a driver's license, voter registration, a lease or deed, tax filings and employment records. Keeping copies of these documents can help if residency is questioned.
Meeting the residency requirement is separate from any waiting period after filing. Some states also require a period of separation before a no-fault divorce, or a cooling-off period before the final decree. Checking all of these timelines together gives a more realistic picture of when a divorce can be finalized.
Military members and their spouses often have special residency rules based on where they are stationed. If the spouses live in different states, more than one court may be able to hear the divorce, and the choice can affect issues like property division and support. A local family law attorney can confirm where to file.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
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