Legal separation does not exist under Maryland law. A “limited divorce” in Maryland is similar to what many people call a “legal separation”. 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.
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 may not be valid. Similarly, if the terms of the agreement are shockingly unfair, it may be unenforceable. The family law attorneys at Haspel & McLeod, P.C. can help you negotiate a separation agreement that’s enforceable and protects your interests.
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.
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.
The family law attorneys at Haspel & McLeod, P.C. can answer your questions about absolute divorce, limited divorce and separation agreements. Call us at 301-631-0592, or contact us online today. Our Maryland attorneys represent individuals and families throughout Frederick, Montgomery and Howard counties.