Legal Question in Family Law in Maryland

Re: Incorporated or Merged

You are much better off and the lawyer will almost always recommend, incorporate your agreement into the decree. THe reasons are obvious. Once merged, you no longer have a separate stand alone document called an agreement that you can still enforce as if it were a contract. While if you merged, then you would have to reopen the decree and litigate any of hte multifaceted issues that come up, post divorce.As anyone who has litigated these cases well knows, it is easier and better to deal with the former scenario rather than the latter.

Re: Incorporated or Merged

Let me settle the matter as much as can be done under Maryland law. An incorporated agreement allows enforcement as a contract and as a judicial order. A merged agreement is enforceable only as a judicial order.

Now that the definitions are understood, the question truly is one of relevancy to your situation. Incorporation gives teeth to a series of payments that are required under the separation agreement. Each lasped payment is enforeable.

Merger, on the other hand, gives the power to enforce the lapse of an obligation under the separation agreement. The underlying obligation, and its non-satisfaction, are strictly the basis of a contempt hearing. Substantiation is not required for a finding of civil contempt; however, substantiation of the basis of the agreement may result in criminal contempt. Docketing for subsequent enforcement may be crucial under a merged agreement.

Contact an attorney.