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.
Willis & Henderson, P.A.
Attorneys at Law
3290 North Ridge Road
Suite 210
Ellicott City, MD 21043

410-461-9400
Separation
Willis & Henderson, P.A.
Attorneys at Law
3290 North Ridge Road
Suite 210
Ellicott City, MD 21043

410-461-9400
A good lawyer can make all the difference

Click Here
to request a free
telephone consultation