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Separation Agreements

Our Frederick 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 & Drawbaugh, 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 & Drawbaugh, P.C. can answer your questions about absolute divorce, limited divorce and separation agreements. Call us at 301-631-0592, or contact us online today. Our Maryland attorneys represent individuals and families throughout Frederick, Montgomery, Washington and Howard counties.

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  • Frederick Office
    141 West Patrick Street
    First Floor
    Frederick, Maryland 21701
    Phone: 301-631-0592
    Fax: 301-631-0595
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    50 West Montgomery Avenue
    Suite 260
    Rockville, Maryland 20850
    Phone: 301-424-8841
    Fax: 301-424-0569
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    112 North Potomac Street
    Hagerstown, Maryland 21740
    Phone: 301-631-0592
    Fax: 301-631-0595
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