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The Basics of Separation Agreements in Maryland

Feb. 25, 2022

Document on desk reading separation agreement with pen and booksThe end of a relationship can be an extremely difficult time for both parties. During the separation process, you’ll have to consider living arrangements, division of property, child custody and other important matters. In addition, you’ll have to cope with the loss and grief of separation itself. In order to navigate this tough period, it’s important to have all the information you need to move forward.

While a separation agreement itself is only viewed as a contract in the state of Maryland, it can eventually be incorporated into a divorce decree. In a mutual consent divorce, having a separation agreement in place can also help you file for a divorce immediately. To learn more about the separation process, read the information the experienced attorneys at Lebovitz Family Law, LLC have provided below.

What Do Legal Separation Agreements Entail?

Couples who separate choose to live separately and to (eventually) end their marriage. A separation agreement is a contract between two partners which includes provisions for the following:

  • Child support

  • Spousal support

  • Health insurance benefits

  • Division of property

If you enter into a separation agreement, this does not void the marriage contract. It also does not allow either party to remarry and have sexual relations with another person. Instead, it acts as a middle ground between reconciliation and divorce. If both partners agree to reconcile, they can void the contract. In the meantime, separation agreements provide both parties with the security they need to move forward. An experienced attorney can help you draw up the document and provide mediation during the negotiation process.

Implementation and Modification

If a separation agreement is violated, one partner can pursue a lawsuit against the other. The written rules should be followed closely, as a judge will ultimately decide whether or not the requirements for divorce have been met. Separation agreements can be modified if the couple reconciles, if a new agreement is produced, or if the court adjusts the terms during a divorce. Once as a divorce is finalized, it is enforced via a show cause hearing.

Do You Need a Separation Agreement?

At the beginning of a separation, many couples believe they can resolve things without legal assistance. In most cases, they’re afraid of incurring debt or they don’t believe it’s necessary. However, as time passes, separation agreements become crucial. While some separations and divorces remain amicable, many do not. When things take a turn for the worse, you want to be sure you and your children have everything you need.

If a separation leads to divorce, a judge will refer to the separation agreement during the proceedings. This will make the divorce process much, much simpler. In the long run, you’ll be glad you took the time to write up an agreement. At Lebovitz Law, LLC, our trained legal professionals can help you draft a separation agreement that meets your needs. Furthermore, we’re committed to providing you with legal advice and mediation at a reasonable rate. Contact us today to schedule a consultation. We’re here to help!

Do You Want to Know More About Separation Agreements? Contact The Attorneys at Lebovitz Law, LLC Today

Separation agreements can seem like a hassle, but they are well worth the investment. Whether you are searching for an experienced lawyer to assist with divorce proceedings, child support negotiations or other issues in Maryland, the attorneys at Lebovitz Law, LLC can help. To learn more about how we can assist you, please contact us today at (410) 324-3267.