Aug 13, 2012

Maryland Divorce Laws – Separation & Maryland Divorce Procedures

Aug 13, 2012 - Family Law by |

Many individuals are confused about applicable Maryland divorce procedures, as well as the differences between Maryland divorce laws, separation agreements, the legal consequences of Maryland divorce court, and more. In this guide, you’ll learn more about the laws and guidelines pertaining to separation in the state of Maryland.

Maryland Divorce Laws: Separation

Separation agreements, also known as marital settlement agreements, may be used as evidence for divorce with grounds of voluntary separation. This requires a separation period of 12 months, including living in separate homes without sexual intimacy.

A separation agreement is not necessary for divorce. However, according to Maryland divorce procedures, without such an agreement, a two year window of separation is required for those seeking a no-fault divorce.

In addition, according to Maryland divorce procedures, a separation agreement does not give either party freedom to have sexual relations with another person, which would still constitute adultery.

If the terms of a settlement agreement are violated, the other party may bring a lawsuit against them. However, this then allows a Maryland divorce court to potentially change certain provisions or terms of the original agreement, which may or may not be desirable.

A Maryland divorce court will recognize separation agreements as being revoked through a second agreement in writing. If the two parties begin living together again, it provides evidence of an intention to revoke, but does not automatically revoke the original agreement.

To ensure that the final Maryland divorce procedures go as smoothly as possible, a separation agreement should cover many different areas. This includes care, custody and support for children, alimony, health insurance, and division of property during separation, and upon divorce.

The divorce laws in Maryland allow for the two parties to create their own separation agreement, without the assistance of lawyers. However, this may fail to address certain issues or obligations, or be in contrast to legal rights, and is typically not recommended.

Finally, upon voluntary separation, a limited divorce may be granted by a Maryland divorce court dependent on other circumstances, such as the need for immediate financial relief.

As always, if you need any assistance with Maryland divorce procedures, or moving ahead with any aspect of Maryland divorce laws, separation agreements or mediation, then you should seek out the services of an experienced and qualified attorney.

Contact the Law Offices of Brandon Bernstein, LLC, by calling 240.395.1418 and we’ll provide you with a free consultation, and guide you through the process of Maryland divorce laws, separation, mediation and whatever else may apply to your specific circumstances.


The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Read our full disclosure here.