District of Columbia Affidavit by Attorney and Request for Order in Support of Motion to Punish Defendant for Contempt due to Failure to Pay Alimony or Spousal Support

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US-02228BG
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Description

Contempt refers to any willful disobedience to, or disregard of, a court order or any misconduct in the presence of a court; action that interferes with a judge's ability to administer justice or that insults the dignity of the court.


There are essentially two types of contempt:


" Disrespect to the decorum of the court (being rude, disrespectful to the judge or other attorneys or causing a disturbance in the courtroom, particularly after being warned by the judge) and

" Willful failure to obey an order of the court.


This form deals with such a willful failure. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.



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FAQ

The District of Columbia offers no-fault divorces, meaning the court will not assign fault to either party. D.C. law states that one party must allege that the marriage is "irretrievably broken" (commonly known as irreconcilable differences, the two parties no longer get along).

(a) Except as provided in subsection (b) of this section, no action for divorce or legal separation shall be maintainable unless one of the parties to the marriage has been a bona fide resident of the District of Columbia for at least 6 months next preceding the commencement of the action.

DC Code §16-904 states that a couple may seek a legal separation if both parties are willingly and voluntarily living apart ? or living together without cohabitation.

Separation without cohabitation for at least six months, if the separation is mutual and voluntary (in other words, if you and your spouse agree to separate), OR Separation without cohabitation for at least one year, if one of you does not agree to the separation and divorce, then the required separation period is one ...

A: There are two grounds for divorce in Washington, D.C. ? mutually living separate and apart for six months preceding the commencement of the divorce or both parties to the marriage have lived separate and apart without cohabitation for a period of one year preceding the commencement of the divorce.

Ing to the Code of the District of Columbia §16-910, courts must make an equitable distribution of this property. If couples enter the divorce process without a marital agreement, the court has broad power to distribute this property as it sees fit.

The statute in Washington DC that concerns alimony is the Code of the District of Columbia §16-913. Under this statute, the family court has the ability to order the payment of spousal support at the conclusion of any divorce or domestic separation case.

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District of Columbia Affidavit by Attorney and Request for Order in Support of Motion to Punish Defendant for Contempt due to Failure to Pay Alimony or Spousal Support