Legal Question in Family Law in Maryland

Separation

How do I go about getting a separation from my husband?


Asked on 12/07/04, 6:52 pm

2 Answers from Attorneys

Lowell Wilson Law Office of Lowell G. Wilson

Re: Separation

The answer is, of course, "it depends." A lot of people think that there has to be a hearing in court to get a legal separation, but if the two of you have already agreed to live separate and apart, all that you need to do is formalize that agreement with a writing. In other words, one or both of you hire a lawyer and have one of the lawyers draw up an agreement that states your wishes (who gets the kids, what the visitation rights are, what child support will be paid, alimony, who gets the house, the 401(K), and whatever else you will split when the divorce is final). If the two of you agree to all of this, then you sign it and, after the appropriate amount of time (usually a year, but depending on the grounds it can be sooner or later than that) one of you goes to court and gets the divorce.

As I said, whether things will be that simple all depends. Is there adultery being alleged? Does one of you want out but the other does not? All of these things will impace the procedure you use...

Lowell

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Lowell Wilson

8335 Court Ave.

Ellicott City, MD 21043

410-461-8465

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Answered on 12/08/04, 9:20 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Separation

There is more than one option each having respective benefits and costs.

Pursuing a separation agreement is often a preferred method. Many of the matters

between you and your estranged spouse can be resolved this way. You will still need to file

for divorce but having a separation agreement will provide predictability to the outcome as well

as simplify the process.

My fees are reasonable. Contact me today.

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Answered on 12/08/04, 4:28 pm


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