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Maryland Separation Agreements

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Drawing up a marital separation agreement on your own is a risky choice. Without knowledge of your legal rights, the agreement can create more problems than resolutions in the future. Separation agreements created without the guidance of a lawyer often fail to address all the issues between the parties. An experienced Maryland separation agreement attorney can draft an agreement that protects your interests. A complete understanding of your legal rights is important, especially if you own marital property or have children together.

What is a Separation Agreement?

When couples decide to live apart they may decide to execute a separation agreement in anticipation of a divorce. A separation agreement is a legally enforceable, binding contract between spouses that is incorporated into the divorce decree at the time of the divorce. If a couple can resolve their issues in a separation agreement, it will help make the divorce less tense and decrease the overall costs. If you decide not to go forward with the divorce, the separation agreement can remain in effect as a contract.

What Issues Are Covered in a Separation Agreement

Separation agreements cover:

  • The custody, care and support of children;
  • The amount of support one spouse will contribute to the other;
  • Provisions for continuation of health insurance benefits; and
  • Division of property while the spouses are living apart and what will happen to the property upon divorce.

The agreement may also include provisions detailing child visitation, debts, vehicles, life insurance, investments and personal property. A separation agreement can also include terms that a court has no discretion or power to order on its own. However, once these terms are included in a separation agreement they can be enforced by a court order. Since a separation agreement is a binding contract, the parties need to make sure the terms are clear and unambiguous. If any of the contractual language is ambiguous, tending to have more than one meaning to a reasonable person, a Maryland court can review the contract to determine if it is vague and unclear. An attorney will make sure your intentions are clear and direct to avoid any ambiguity in your separation agreement.

Once You Decide to Separate, Hire a Family Law Attorney

You and your spouse know the goals and circumstances of your marriage better than anyone. Our attentive, qualified Maryland family law divorce attorneys will consider your objectives and needs to negotiate an effective and fair separation agreement. We will apply your wishes with the actualities of the situation to reach a reciprocal acceptable agreement. The Law Offices of Todd K. Mohink will save you time, money and aggravation by implementing a separation agreement that is agreeable to both parties. Your separation agreement will be customized to your family’s requirements by our skilled collaborative lawyers. Contact our offices in Glen Burnie or Columbia to schedule a free consultation today.

Resource:

dhr.maryland.gov/blog/wp-content/uploads/2012/09/lrmd2008.pdf

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