Legal Question in Family Law in Maryland
Legal Separation in Maryland
My husband and I have a six year old child together. We do not have any property or other liability together. I was told by the clerk's office in Maryland that we could come up with a separation agreement. I would like to know if we would have to have the agreement notarized or just have both of our signatures on it. I was told that it comes under contract law because Maryland doesn't require separation agreements.
2 Answers from Attorneys
Re: Legal Separation in Maryland
Separation agreements are tricky because by entering into a separation agreement you might be giving up some right you have as husband and wife that you do not want to give up. In my opinion you should have a lawyer review any separation agreemnt before you sign it.
Re: Legal Separation in Maryland
You and your husband can prepare a separation agreement, which is a contract to separate and to resolve all issues relating to the dissolution of your marriage, and save a lot of the time and expense of getting a divorce. Both signatures should be notarized. I have seen a lot of such agreements prepared by the parties, or one of the parties, without lawyers, and I have represented a lot of people in court after they discovered that there were serious problems in the agreement and that they had signed an agreement to things which they had not intended. At the least you should ask a lawyer to review the agreement with you before you sign it. The relatively small cost of doing that could save you a lot of money, and a lot of heartache, in the long run. You and your husband should not go to the same lawyer to discuss the agreement. A lawyer can't represent both of you, and any lawyer who says he can advise both of you is doing something unethical.
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