When You’re Uncertain About Divorce
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.
Can You Negotiate The Terms Of The Separation?
Maryland law provides that a married couple 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. Our family law attorneys at Haspel & McLeod, P.C., can help you negotiate a separation agreement that’s enforceable and protects your interests.
What Happens If You 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 You 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.