D.C. Code § 16-904

Grounds for divorce, legal separation, and annulment.

Effective Mar 21, 2025Dec. 23, 1963, 77 Stat. 560, Pub. L. 88-241, § 1; Sept. 29, 1965, 79 Stat. 889, Pub. L. 89-217, § 2; Apr. 7, 1977, D.C. Law 1-107, title I, § 102, 23 DCR 8737; Mar. 24, 1998, D.C. Law 12-81, § 10(f), 45 DCR 745; Oct. 19, 2002, D.C. Law 14-207, § 2(b), 49 DCR 7827; Sept. 12, 2008, D.C. Law 17-231, § 20(a), 55 DCR 6758; Apr. 9, 2016, D.C. Law 21-105, § 2(a), 63 DCR 217; Jan. 26, 2024, D.C. Law 25-115, § 2(a); Mar. 21, 2025, D.C. Law 25-311, § 2(a)
  1. (a) A divorce from the bonds of marriage may be granted upon the assertion by one or both parties that they no longer wish to remain married.
  2. (b) A legal separation from bed and board may be granted upon at least one party's assertion that they intend to pursue a separate life without obtaining a divorce.
  3. (c) [Repealed].
  4. (d) Marriage contracts may be annulled in the following cases:

    1. (1) where such marriage was contracted while either of the parties thereto had a former spouse living, unless the former marriage had been lawfully dissolved;
    2. (2) where such marriage was contracted during the insanity of either party (unless there has been voluntary cohabitation after the discovery of the insanity);
    3. (3) where such marriage was procured by fraud or coercion;
    4. (4) where either party was matrimonially incapacitated at the time of marriage without the knowledge of the other and has continued to be so incapacitated; or
    5. (5) where either of the parties had not attained the age of 18, but in such cases only at the suit of the party who had not attained such age.
  5. (e) Domestic partnerships registered under § 32-702(a) or relationships recognized under § 32-702(i) may be terminated by judicial decree or judgment.

History

Dec. 23, 1963, 77 Stat. 560, Pub. L. 88-241, § 1

Sept. 29, 1965, 79 Stat. 889, Pub. L. 89-217, § 2

Apr. 7, 1977, D.C. Law 1-107, title I, § 102, 23 DCR 8737

Mar. 24, 1998, D.C. Law 12-81, § 10(f), 45 DCR 745

Oct. 19, 2002, D.C. Law 14-207, § 2(b), 49 DCR 7827

Sept. 12, 2008, D.C. Law 17-231, § 20(a), 55 DCR 6758

Apr. 9, 2016, D.C. Law 21-105, § 2(a), 63 DCR 217

Jan. 26, 2024, D.C. Law 25-115, § 2(a)

Mar. 21, 2025, D.C. Law 25-311, § 2(a)

Effect of Amendments

D.C. Law 17-231, in subsec. (d)(1), substituted “spouse” for “wife or husband”.

D.C. Law 14-207, in subsec. (b), made nonsubstantive changes in pars. (1) and (2), and repealed pars. (3) and (4).

Prior Codifications

1973 Ed., § 16-904.

1981 Ed., § 16-904.

Cross References

Nonresident and absent defendants, service of process by publication, see § 13-336.

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