Wednesday, September 9, 2015

Question: Can I get a legal separation in Maryland?

Answer:  

No.  Maryland does not have such a thing.  What we have is a law that says that agreements between husband and wife are enforceable the same way that a contract is enforceable.  One caution:  you shouldn't try to do this without a lawyer unless you and your spouse or the other parent of your child agree on absolutely everything.  Even then, it doesn't hurt to have an experienced Maryland divorce lawyer or custody lawyer look over your contract before you sign it to be sure the legalese means what you think it means.

The best way to manage your divorce is to work cooperatively with your spouse to get what we lawyers call a "comprehensive marital settlement agreement."  What that means is that you need an enforceable contract that covers all the issues that the court would otherwise have to decide for you if you went to court to fight about your divorce.



Even if you can't agree on everything, you can still enter into a contract that covers some of the things the court might have to decide for you.  And if you aren't married, but have children, you can enter into a Parenting Agreement that does for unmarried parents what a Separation Agreement does for divorcing couples.

Contact us today if you need legal help with either a separation agreement or a parenting agreement.