Legal Question in Family Law in Maryland

Seperation Agreement timing

It looks like my wife and I are moving towards a voluntary seperation. I am the sole bread winner. We have 3 children. My wife hasnt worked, our choice for 6 years.

I will be the one leaving. How soon after leaving (seperating) should I contact a lawyer to formalize a seperation agreement? Obviously I want to make sure my children are taken care of but I want to make sure I am not living in my car either.

Thanks.


Asked on 7/24/07, 7:49 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Seperation Agreement timing

You can enter a separation agreement before (i.e., in anticipation of leaving) or after you have left.

There are advantages with having an agreement before you leave as it may be difficult to address certain matters after you have left such as obtaining personal property and access to information.

Although there may not be ill will with these and other aspects at this time such may occur after you have leave.

The specifics of separation are numerous and entering an agreement before you leave will enable you to better address your needs as you will know where matters stand.

There are circumstances where attempting to enter an agreement before you leave could be disadvantageous. This would include instances where your estranged spouse were to bring action against you for abuse or otherwise.

You should speak with an attorney so that you are informed of the various matters and how they relate to your situation.

Read more
Answered on 7/24/07, 8:22 pm
Robert Sher Wagshal and Sher

Re: Seperation Agreement timing

You ought to be contacting an experienced family law attorney now, if only to gain an understanding of what issues should be addressed in a comprehensive separation agreement. These issues include child custody, visitation and support, debt responsibility, asset distribution, including retirement assets, and possibly, spousal support, in view of your wife's situation. You should discuss with her whether she intends to return to the work force upon your separation, or whether, in view of her somewhat long absence, she will need some training before being able to do so. If you own your residence, there should be an agreement as to whether and when the property will be sold, or whether one of you will buy out the other. Other issues to consider are taxes and insurance.

Read more
Answered on 7/25/07, 9:38 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Maryland