Separating from your spouse is a difficult thing to do; it is a decision that will affect you for the rest of your life, is very emotional, and is very expensive. For those reasons, you need to have an attorney who will act as a buffer between you and your spouse, and look after your interests by preparing a good separation agreement. Separation is the most commonly used ground for divorce in Maryland. The separation must either be for one year if you and your spouse agree to separate, or for two years if you do not agree, and one of you just leaves. There is no such thing as a "legal separation" in Maryland. Whether you are separated or not is a question of fact. It is, though, a very good idea to discuss the separation and come to an agreement prior to separating. That is where a good lawyer can be very helpful. Separation Agreements A separation agreement, or marital settlement agreement, as it is sometimes called, is a contract between you and your spouse. It is enforceable in court just like any other contract and, after the divorce, is also enforceable through contempt of court proceedings (assuming it is properly incorporated into the divorce decree). It is crucial that the agreement be thorough and concise, and that it be prepared by or reviewed by a lawyer. Such agreements will spell out, among other things, how the property is divided, who will live in the house, and how child custody, visitation and support are to be handled. The agreements are then incorporated into the divorce decree and govern how things are done for many years to come. Uncontested Divorce An uncontested divorce is one in which there is a written separation agreement resolving all the issues between you and your spouse. Once you have the agreement, and you remain separated for more than one year prior to filing for divorce, you will be entitled to a divorce on the grounds of a one year mutual and voluntary separation. In order to qualify, you must have been separated, continuously and uninterruptedly, for more than one year prior to filing. Separated means not spending the night under the same roof, even on one occasion, and no marital relations during that time. The separation must have been mutual and voluntary, meaning you both agreed to do it, was for the purpose of ending the marriage, and there is no reasonable expectation of reconciliation. This is all proved by your testimony, and the testimony of one witness, who can be anybody over the age of 18, except your spouse. What if we agree to separate but can't agree on everything? The rules are the same, except that you will be given the chance to have the court decide anything that has not been agreed. The main difference is that it will cost you many times more money than an uncontested divorce. What if we can't even agree to separate? If you don't agree to separate and one of you leaves, then you need to wait two years (plus one day) prior to filing for divorce. All you need to prove at that point is that the separation was continuous and uninterrupted for more than two years prior to filing. Other Questions? If you have other questions, send an e-mail to mike@whlawfirm.com, giving a brief description of your situation and your contact information. We will call you and discuss the matter at no charge for a few minutes. |
Click Here to request a free telephone consultation |