Legal Question in Family Law in Maryland

separation agreement

Hi,

I plan on filing for divorce on my own without an attorney. We have no children, just a home. Do I need to have a separation agreement if we agree on the property ourselves? If so, can I write up an agreement with a word document or does it have to be a legal document?


Asked on 3/27/07, 3:59 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: separation agreement

There are many other matters to address within a separation beyond real property. A separation agreement is highly advised and is required in some circumstances.

Assuming no extenuating circumstances, my fee for a separation agreement will more than justify itself by the time and effort you will save with ensuring that you have a properly prepared document.

Contact me day or evening to discuss. 410.750.2567

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Answered on 3/27/07, 6:30 pm
Carolyn Press Chung & Press. P.C.

Re: separation agreement

You do not need a separation agreement, but if you have one it can eliminate the necessity to testify at length in court about what you and your spouse have agreed to. Also, a written agreement, which is a binding contract, can ensure that both of you understand and really agree to the terms, and you neither of you can surprise the other at the last minute with a change of mind. I have seen agreements written by theparties to a divorce which each party thought meant something different. A clear and thorough separation agreement, signed by both parties and notarized, can actually save you money in the long run. If you consult with a lawyer you may find that there are issues you are unaware of, including personal property you have acquired during the marriage. If you truly need to avoid both high attorney fees and possibilities of later trouble, it would be wise to at least take your agreement, before you and your spouse sign it, to a lawyer to check it over.

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Answered on 3/31/07, 12:01 pm


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