Maryland Separation Agreement

In order for a divorce to proceed in Maryland a separation agreement must be on file. The state has a waiting period of a full year before the courts can grant an absolute divorce, but the sooner the couple makes formal arrangements through a Maryland separation agreement, the easier the process will become. Most people file for what is called a "limited" divorce while awaiting a court date for their divorce hearing. This allows them to actually enter into the court date calendar and also establish some preliminary terms. For instance, filing separation agreement documents in the Maryland court system allows one of the spouses to receive alimony payments or child support payments if necessary. The documents might also begin to address how bills, debts and other financial issues are going to be dealt with while the couple awaits their formal divorce proceedings. This can prevent a great deal of conflict between the parties.

Fast Facts

  • Maryland uses both "fault" and "no fault" divorces.
  • Maryland law recognizes desertion as grounds for a fault divorce, but a separation agreement can prevent any such claims from being made.

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