Legal Question in Family Law in Maryland

Re: Legal Separation

The easiest and cheapest way of obtaining a separation is to enter into a Property Settlement Agreement. That agreement essentially legally separates you because it divides all property, resolves all legal issues, and allows either party to file for divorce once the statutory separation time period elapses (in MD, one year if you sign an agreement) without ever having to continue a personal relationship with the other party.

I strongly recommend that you enter into a separation agreement as soon as possible to resolve your legal liabilities associated with being separated. You can either do it yourself or hire an attorney. I will tell you, however, that I have many, many clients come to me after having drafted their own agreements and the agreements are so poorly drafted from a legal perspective that they provided little if any protection. When they come to me, I have to then try to get the other party to resign a more formal document and often the other party has changed his or her mind in the meantime. So, strike while the iron is hot.

If I can be of further help, please give either my VA or MD office a call at 301-652-0663 or 703-968-3974.

Re: Legal Separation

There are two kinds of separation which can be called a "legal separation." One is a separation based on the terms of a separation agreement, which is a contract enforceable under contract law. A good separation agreement should deal with all issues related to the separation, including the disposition of property and custody, visitation and other issues related to minor children. A court ordered separation is called a "limited divorce," or sometimes by the Latin term "divorce a mensa." If you and your spouse can't agree on the terms of a separation, or if one of you refuses to live separate at all, the other can file an action for limited divorce based on grounds of desertion, constructive desertion (which means the complaining party has been forced to leave the marriage because of conduct of the other party which has made it impossible for the one leaving to continue in the marriage without damage to his or her health, safety, or self respect), "excessively vicious conduct," or a voluntary separation (even if the parties can't agree on the terms regarding property, etc.) regardless of the duration of the separation, so long as the parties are living apart without cohabitation and there is no hope of reconciliation. This is likely to be a contested action, in which the court will make decisions about custody, perfsonal property (not real estate or some of the other property issues dealt with in an absolute divorce) and, in some cases, spousal support.

For either of these kinds of separation, by contract or litigation in the court, I would advise you to retain a competent lawyer, who has a concentration in the practice of family law, to represent you. Mistakes which you might make can often not be repaired later.

Re: Legal Separation

A separation in Maryland is not legally recognized. But it has a material influence on

divorce costs and, most importantly, how assets and custody issues are ultimately settled. I appreciate that you are one of few people who look to the internet for information BEFORE a lawyer will charge an arm and a leg and two teeth to provide assistance. My rate is most competitive. I will make sure that your separation agreement will bring you the best result in your pending divorce. Contact me at (410) 799 9002 or e-mail me at GJHoltAttorney.netscape.net. Having me in your corner early in your divorce proceeding will ensure that every aspect of your divorce is maximized to your advantage without a hefty legal bill.