Obtaining a D.C. Divorce if You Are Not a Citizen of the United States

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The Case of John and Jane

John and Jane, both Canadian citizens, have been permanent residents of Washington, D.C., for nearly seven years. They each hold “green cards” through their employment in D.C. When John and Jane decide that their marriage isn’t working, both wish to remain in D.C. and keep their jobs. This raises important questions:

  • Can John and Jane get divorced in D.C., even though they are citizens of Canada?
  • Will they be allowed to remain in D.C. after they get divorced?

U.S. Citizenship Is Not Required for Divorce

Contrary to what many may believe, you do not need to be an American citizen to obtain a divorce in the United States. Your immigration status or nationality is irrelevant when determining whether you can divorce in the U.S. What is important is whether you meet the residency requirements of the jurisdiction in which you want to divorce.

Residency Requirements for a D.C. Divorce

In Washington, D.C., you must be a bona fide resident to obtain a divorce. To qualify as a bona fide resident, you must:

  • Have lived in Washington, D.C. for at least six months prior to filing for divorce
  • Intend to remain indefinitely in D.C.

Applying This to John and Jane

Both John and Jane would be considered bona fide residents because they have lived in D.C. for seven years and intend to continue living there. If they have lived separate and apart for the requisite period (six months for a mutual separation or one year if either party objects), either John or Jane can petition the court for a divorce.

Challenges to Bona Fide Residency

If Jane does not want to divorce, she could argue that John is not a bona fide resident of D.C., claiming he is only in the district temporarily for employment. In such cases, the court will evaluate other factors, such as:

  • Whether John has registered a vehicle in D.C.
  • Whether John owns property
  • Whether John has a D.C. driver’s license
  • Whether John pays D.C. taxes

If John can produce this evidence, the court will likely find that he is a bona fide resident and permit the divorce.

Seeking Legal Assistance

Whether or not you are a U.S. citizen, if you are considering divorce or have other family law issues, it’s crucial to consult with an experienced attorney. The family law attorneys at the DiPietro Family Law Group have extensive experience handling family law matters across Northern Virginia, Maryland, and Washington, D.C. Contact us today at (888) 530-4374.