Our Rockville Attorneys Draft Separation Agreements
When you’re uncertain about divorce
Legal separation does not exist under Maryland law. A “limited divorce” in Maryland is similar to what is called a “legal separation” in many other states. In a limited divorce, you are still legally married and cannot remarry. People who for cultural, personal or religious reasons do not want to get an absolute divorce sometimes opt for a limited divorce instead.
Can we negotiate the terms of the separation?
Maryland law provides that a husband and wife can make an enforceable separation agreement that deals with such issues as alimony and division of property. The agreement is a contract, and is subject to the principles of contract law.
For example, if one of the spouses signed the separation agreement as a result of fraud or duress, the agreement is not valid. Similarly, if the terms of the agreement are shockingly unfair, it’s unenforceable. The family law attorneys at Haspel & McLeod, P.C. can help you negotiate a separation agreement that’s enforceable and protects your interests.
What if we reconcile after the separation?
Under Maryland law, the provisions of a separation agreement dealing with the distribution of property do not automatically terminate when there’s a reconciliation. So if you and your spouse decide to get back together after signing a separation agreement, you should consult an experienced family law attorney about whether you should take steps to void or modify the agreement.
What if we divorce after the separation?
Generally, the court will approve the terms of a separation agreement during the divorce hearing. When that occurs, the agreement survives as an independent contract between the parties.
Contact our separation agreement attorneys today
The family law attorneys at Haspel & McLeod, P.C., can answer your questions about absolute divorce, limited divorce and separation agreements. Call us at 301-424-8841, or contact us online today. Our Maryland attorneys represent individuals and families throughout Montgomery, Frederick and Howard counties.