Legal Question in Family Law in Maryland
I Have Drafted a Separation Agreement
My husband and I have been separated since November 2001. Though adultery is a factor I will not be filing for divorce on those grounds as marital relations continued after I learned of the adultery (condonation). We have been married for 3 years (4 this October). Is he entitled to any of my retirement? I have drafted a Separation Agreement that I want my husband to sign so that when I file for divorce in November there won't be any ''surprises''. Are there any law firms/attorneys (in Maryland) who as a part of a free consultation will review my agreement and let me know if all the pertinent issues have been addressed?
1 Answer from Attorneys
Re: I Have Drafted a Separation Agreement
A separation agreement is a legal document. This being said, unless you are a lawyer, your agreement should be reviewed by an attorney. You may be giving away certain legal rights or negotiable matters that you would otherwise not give away or there are legal rights that you may not otherwise protect. You should not rely upon standard agreements that are available from internet sources or your common sense.
Separation agreements and qualified domestic relations orders (i.e., this being the documents that permit a legal obligation to attach to a pension asset) are two different things. A properly drafted separation agreement can protect many of your interests to include your retirement accounts.
Although I generally do not prefer using client drafted separation agreements, I am available, for a modest fee, to review your separation agreement. However, upon contacting me, you may find that my fees are reasonable enough that it would be better that I draft your separation agreement. Upon receipt of your e-mail, I will return a schedule showing my services and fees.
G. Joseph Holthaus III
(410) 799-9002