Legal Question in Family Law in Maryland
Should I pray for furthur relief as the nature of my cause may require?
Last year, my wife and I agreed mutually on a seperation. After waiting one year to pass, the divorce process has started. In my divorce papers, which my wifes attorney drew up, it is summarily written at the end the following:
WHERFORE, Defendant prays:
a. That the court enter an Order of Absolute Divorce, incorporating, (but not merging), the contents of the Martial Settlement Agreement entered into betwen the parties dated November 20, 2000, to the extent of this court's jurisdiction.....
d. For such other and furthur relief as the nature of Defendants cause may require.
Will agreeing to these things allow the court to award my wife with anything other than what was mutually agreed upon?
2 Answers from Attorneys
Re: Should I pray for furthur relief as the nature of my cause may require?
The language you quote is standard language in a complaint for an uncontested divorce where the parties have already entered into a separation agreement. If you've agreed to a fair amount of child support that tracks the Maryland guidelines, you don't need to worry about anything happening that you haven't already agreed to.
Re: Should I pray for furthur relief as the nature of my cause may require?
You are asking about the impact of not merging an agreement. Before answering, you should refer to the wording of any court order on the matter. Upon merger, the aspect of the agreement becomes enforceable by and of the court. Without merger or incorporation thereof, the agreement may or may not be enforceable as a matter of contract.
Call me with questions at (410) 799-9002.
G. Joseph Holthaus III
Columbia, Maryland
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