Legal Question in Family Law in Maryland

marital separation agreement

I plan on filing for divorce on my own, without an attorney. We have no children, just a house. Do I need to file a marital separation agreement if we can agree on the terms ourselves? Can I write it up the details of who gets what in a word document or does it have to be a legal document?


Asked on 3/27/07, 3:32 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: marital separation agreement

If the only important property aspect in your divorce is the disposition of the house, and that's going to be sold or transferred from one to the other before the divorce, then you both should sign a simple agreement memorializing your plan. But if the house will still be jointly owned at the time of the divorce, and you want to be able to enforce the agreement after the divorce, you will want to file it at that time and ask the court to incorporate, but not merge, it into the judgment for divorce. If it's not properly signed and witnessed, it's not worth anything. You would be well advised to consult with an experienced family attorney, who may bring up issues you haven't considered in dissolving your marriage.

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Answered on 3/27/07, 4:42 pm


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