Legal Question in Family Law in Maryland
Hi there,
Okay so, i am currently in a separation process with my ex. We parted ways and have lived in seperate residences from March 5th 2010. We have an UNsigned seperation papers..... unsigned because he refused to sign them. At the time, i wanted them signed... but, now... looking at what i agreed to do, i am glad i did not actually sign the papers.
My questions are:
- can he hold me to the items in the agreement - agreement is NOT signed.
- can i file for divorce in one year without seperation papers. We have have living apart.
Thanks so much!
2 Answers from Attorneys
Where are papers now? If he has them you can formally notify them of your revocation of the agreement for his refusal to sign them in a timely manner. If you sign them, simply void them out.
For voluntary separation (oral or written), you can file for an absolute divorce after 12 months of separation. However, the marriage must be beyond any reasonable hope of reconciliation.
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Since you never signed the papers they are of no legal consequence. If your separation in March was by agreement at the time, you can file next March for divorce on the ground of voluntary separation without any intervening cohabitation. You will need a corroborating witness at the final hearing who can testify as to the length and duration of the separation.
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