District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0042 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~ENROLLED~~ ORIGINAL
	1	+	ENGROSSED ORIGINAL
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7		-	~~AN ACT~~
	7	+	A BILL
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9		-	~~_________________~~
	9	+	25-42
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11	11		IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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13		-	~~_________~~________________
	13	+	________________
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16		-	To amend Chapter 9 of Title 16 of the District of Columbia Official Code to remove waiting
17		-	periods for divorce, legal separation, and annulment, to add the history of physical,
18		-	emotional, or financial abuse by one spouse against the other to the list of relevant factors
19		-	the Family Court of the Superior Court may consider in awarding alimony and
20		-	distributing marital property, and to authorize the Family Court of the Superior Court to
21		-	award exclusive use of the family home or any other dwelling unit as pendente lite relief.
22		-
23		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
24		-	act may be cited as the “Grounds for Divorce, Legal Separation, and Annulment Amendment Act
25		-	of 2023”.
26		-
27		-	Sec. 2. Chapter 9 of Title 16 of the District of Columbia Official Code is amended as
28		-	follows:
29		-	(a) Section 16-904 is amended as follows:
30		-	(1) Subsections (a) and (b) are amended to read as follows:
31		-	“(a) A divorce from the bonds of marriage may be granted upon the assertion by one or
32		-	both parties that they no longer wish to remain married.
33		-	“(b) A legal separation from bed and board may be granted upon at least one party’s
34		-	assertion that they intend to pursue a separate life without obtaining a divorce.”.
35		-	(2) Subsection (c) is repealed.
36		-	(b) Section 16-910(a)(2)(L) is amended by striking the phrase “the parties” and inserting
37		-	the phrase “the parties, including the history of physical, emotional, or financial abuse by one
38		-	party against the other” in its place.
39		-	(c) Section 16-911(a) is amended as follows:
40		-	(1) Paragraph (4) is amended by striking the phrase “; and” and inserting a
41		-	semicolon in its place.
42		-	(2) Paragraph (5) is amended by striking the period and inserting the phrase “;
43		-	and” in its place.
44		-	(3) A new paragraph (6) is added to read as follows:
45		-	“(6) award exclusive use of the family home or any other dwelling unit which is
46		-	available for use as a residence pendente lite to either of the parties as is just, equitable, and ENROLLED ORIGINAL
	16	+	To amend Chapter 9 of Title 16 of the District of Columbia Official Code to remove waiting 1
	17	+	periods for divorce, legal separation, and annulment, to add the history of physical, 2
	18	+	emotional, or financial abuse by one spouse against the other to the list of relevant factors 3
	19	+	the Family Court of the Superior Court may consider in awarding alimony and distributing 4
	20	+	marital property, and to authorize the Family Court of the Superior Court to award 5
	21	+	exclusive use of the family home or any other dwelling unit as pendente lite relief. 6
	22	+	7
	23	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 8
	24	+	act may be cited as the “Grounds for Divorce, Legal Separation, and Annulment Amendment Act 9
	25	+	of 2023”. 10
	26	+	Sec. 2. Chapter 9 of Title 16 of the District of Columbia Official Code is amended as 11
	27	+	follows: 12
	28	+	(a) Section 16-904 is amended as follows: 13
	29	+	(1) Subsection (a) is amended to read as follows: 14
	30	+	“(a) A divorce from the bonds of marriage may be granted upon the assertion by one or 15
	31	+	both parties that they no longer wish to remain married.”. 16
	32	+	(2) Subsection (b) is amended to read as follows: 17
	33	+	“(b) A legal separation from bed and board may be granted upon at least one party’s 18
	34	+	assertion that they intend to pursue a separate life without obtaining a divorce.”. 19 ENGROSSED ORIGINAL
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50	38		2
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52		-	reasonable, after consideration of all relevant factors, without regard to the respective interests of
53		-	the parties in the property.”.
54		-	(d) Section 16-913(d)(5) is amended by striking the phrase “the parties” and inserting the
55		-	phrase “the parties, including the history of physical, emotional or financial abuse by one party
56		-	against the other” in its place.
57		-
58		-	Sec. 3. Fiscal impact statement.
59		-	The Council adopts the fiscal impact statement in the committee report as the fiscal
60		-	impact statement required by section 4a of the General Legislative Procedures Act of 1975,
61		-	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
62		-
63		-	Sec. 4. Effective date.
64		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
65		-	Mayor, action by the Council to override the veto), a 30-day period of congressional review as
66		-	provided in sections 602(c)(1) of the District of Columbia Home Rule Act, approved December
67		-	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of
68		-	Columbia Register.
	40	+	(3) Subsection (c) is repealed. 20
	41	+	(b) Section 16-910(a)(2)(L) is amended by striking the phrase “the parties” and inserting 21
	42	+	the phrase “the parties, including the history of physical, emotional, or financial abuse by one 22
	43	+	party against the other” in its place. 23
	44	+	(c) Section 16-911(a) is amended as follows: 24
	45	+	(1) Paragraph (4) is amended by striking the phrase “; and” and inserting a 25
	46	+	semicolon in its place. 26
	47	+	(2) Paragraph (5) is amended by striking the period and inserting the phrase “; 27
	48	+	and” in its place. 28
	49	+	(3) A new paragraph (6) is added to read as follows: 29
	50	+	“(6) award exclusive use of the family home or any other dwelling unit which is 30
	51	+	available for use as a residence pendente lite to either of the parties as is just, equitable, and 31
	52	+	reasonable, after consideration of all relevant factors, without regard to the respective interests of 32
	53	+	the parties in the property.”. 33
	54	+	(d) Section 16-913(d)(5) is amended by striking the phrase “the parties” and inserting the 34
	55	+	phrase “the parties, including the history of physical, emotional or financial abuse by one party 35
	56	+	against the other” in its place. 36
	57	+	37
	58	+	38
	59	+	39 ENGROSSED ORIGINAL
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73		-	______________________________
74		-	Chairman
75		-	Council of the District of Columbia
76		-
77		-
78		-
79		-
80		-
81		-	_________________________________
82		-	Mayor
83		-	District of Columbia
84		-
	65	+	Sec. 3. Fiscal impact statement. 40
	66	+	The Council adopts the fiscal impact statement in the committee report as the fiscal 41
	67	+	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 42
	68	+	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 43
	69	+	Sec. 4. Effective date. 44
	70	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 45
	71	+	Mayor, action by the Council to override the veto), a 30-day period of congressional review as 46
	72	+	provided in sections 602(c)(1) of the District of Columbia Home Rule Act, approved December 47
	73	+	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 48
	74	+	Columbia Register. 49