Legal Question in Family Law in Maryland

Legal Separation using your own form

I just represented a client who did what you are proposing. Unfortunately, he and his wife did not get the wording just right under Maryland law, and he lost his right to claim his part of their house. Spend the money and get a lawyer, it is cheaper in the long run.

Re: Legal Separation

If there are no financial or property issues involved in your separation, and no children to support, then if you agree to separate and stay separated for a year, either can file for a no fault divorce after that. When you go to court, you will need a witness to come in and testify that you both agreed to the separation and there was no cohabitation after that. A written agreement doesn't accomplish much under these circumstances.

On the other hand, if you have children under 18, own real estate or have joint accounts, have pensions or retirement plans, or joint debts, you would be smart to make sure you have an experienced family law attorney draw up an agreement that protects your interests. A mistake now could cost you for a long time.

Re: Legal Separation

You don't have to sign anything in order to be separated--you simply have to separate. One year after the separation took place, either spouse can file for an absolute divorce on the basis of a voluntary separation. (If one spouse did not agree to the separation, you have to wait two years before filing, unless there are other grounds you can file on). The purpose of the separation agreement is basically to regulate your affairs during the separation and hopefully resolve all outstanding issues so that when you eventually do file for a divorce, the Court won't have to do anything (such as dispose of property, resolve child custody, etc.) other than grant your divorce. You should be careful with any forms you found online--while they may be fine in some instances, they may not be in yours, depending on the facts of your specific situation. It may not be a bad idea to have an attorney review it before you enter into it to avoid potential problems in the future.

Good luck.

Re: Legal Separation

If your soon to be ex-spouse is willing to sign the form and there are no assets or children involved then you may file for divorce after one year of separation. This form may not agree with Maryland law.

Having your ex-spouse effect a proper agreement may enable your divorce to occur in one year instead of two years. Contact an attorney for assistance.