Legal Question in Family Law in Maryland

I have a Marital Separation Agreement that was drafted in MD. I have a divorce from DE and the MSA was to be incorporated into the divorce but was not. In fact, it was never registered in any court in MD or DE. The MSA outlines custody and child support for our 1 child, but was told since it was not a court order that it was just an agreement.

What is the legal status of the MSA? Is it enforceable? If so, in what state?


Asked on 1/12/10, 6:28 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

It is enforceable in any state where the child resides. If your ex breaches the agreement, you would have to sue him or her. You might also contact an attorney in DE to see if a petition can be filed to incorporate the agreement in the already-issued divorce judgment under that state's laws.

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Answered on 1/18/10, 6:36 am


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