Legal Question in Family Law in Maryland

Re: Seperation

You need to be sure that the separation is going to hold up as "voluntary" and "mutual". These legal terms have special meaning for the Court. In other words, the sep. may appear to be mutual and voluntary, but unless you can prove it, it may not hold up in an action for divorce filed on the first anniversary of the separation. There are a number of things to anticipate, like with children, property, bills, joint debt., etc. If everything is done right, one year from the date, either can be in court applying for final and absolute divorce. If the deperting party moves to DC or VA, six months will give them residency there and you can get divorced in 6 months. willacrei

Re: Seperation

It depends. Are you speaking of a no-fault based divorce? If so, if both parties agree to the divorce then it is one year separation. If one party wants to object then it is 2 years. The best thing you can do in the meantime is sign a Property Settlement Agreement which addresses all your rights and obligations. It is a VERY important document.

There are also fault based divorces which could allow you to file for divorce sooner.

Re: Seperation Agreements and Time Period for Divorce

Answers to each of your questions are:

1. There is no legal requirement for a separation agreement. This being said, there is no set time period required for disputing spouses to enter a separation agreement. A separation agreement does not dissolve a marriage, only a divorce accomplishes this. A separation agreement does not legally permit sexual interaction with someone other than your spouse without a sustainable complaint of adultery being raised.

2. In Maryland, the period of separation for divorce varies on whether it is mutually voluntary or one spouse disagrees. Mutual separation requires one year, non-mutual separation requires two years. Any cohabitation (that is sexual interaction with your disputed spouse or living in the same home) interrupts this requirement. A divorce cannot be filed until the requirements are met.

What you should consider is the period between separation and being granted a divorce. Your interests must be protected. If you have children, their interests must be protected. A separation agreement accomplishes this since, properly effected, it is an enforceable contract.

A separation agreement has significant impact upon your divorce as well as child custody and related legal obligations. I am an attorney with skilled financial ability and will advocate strongly in your behalf. My services include separation agreements, representation at divorce hearings, drafting other specialized agreements such as Qualified Domestic Relations Orders, and helping you during the entire process.

Call me for a free discussion at (410) 799-9002. Evening and week-end hours available.