Maryland Legal Separation
In Maryland, the court does not order a separation notice as such. It happens when spouses stop living together. When such a couple reach court of law, the judge only gives a legal recognition to their decision which is termed as Legal Separation or Limited Divorce according to the Maryland Divorce and Separation Law. Although, there are many conditions to be fulfilled for getting this legal acceptance and the most important one is that the couple does not stay together in the same house, under one roof, anymore.
Separation Agreements
Maryland Law for Divorce and Separation is quite lengthy. The Maryland Code section 8-101 allows married couples to enter into such enforceable agreements that will cover the issues of their separation. These agreements have been given legal term of Separation Agreement.
Separation is similar to divorce but in Maryland, these are limited divorce as couple entering into such agreement has limited rights. These agreements can cover all those issues which are usually covered under an absolute divorce or a permanent divorce, for instance, property division, alimony, child custody & support, visitation, etc. It could also include other specific issues like custody of pet animals, possession of personal property with emotional attachment to the parties, etc. As soon as the couples agree to the terms of the contract, it becomes as enforceable at law as any other legal binding agreement.
Thus, we could conclude from the above information that - a Separation Agreement is a permanent contract between spouses, negotiated with assistance of independent counsel, which resolves all issues related to the dissolution of the marriage.
Provisions of a Separation Agreement [http://www.bwgmarylandlawyers.com/Maryland-Divorce-Attorneys.asp]
Provisions of a Separation Agreement may include the date of separation, child custody, visitation, child support, alimony, college contributions, use and possession of the family home, ultimate disposition of the family home, division of assets and liabilities, health insurance, life insurance, waiver of inheritance rights, attorney's fees and court costs.
Tax Consequences
It is important to consider the tax consequences of a proposed Separation Agreement, such as the after-tax effect of alimony and child support, and to seek legal advice prior to signing a Separation Agreement.
Enforcing Separation Agreements
If separation agreements come before a court, either for enforcement or as part of an eventual divorce, the court can always modify the issues related to any minor (child custody, visitation, and support). It is the responsibility of the state to protect the best interests of a child. The court cannot change the division of property the parties have agreed on, unless there was misrepresentation, fraud, or coercion involved in the original agreement. A court also cannot change an order for alimony if the parties have stated in the separation agreement that the amount cannot be changed. If the parties have not restricted the court, the court can apply the criteria for awarding alimony found in Maryland Code section 11-106. The court cannot change other parts of the agreement, such as agreements about pets.
Separation Agreements
Maryland Law for Divorce and Separation is quite lengthy. The Maryland Code section 8-101 allows married couples to enter into such enforceable agreements that will cover the issues of their separation. These agreements have been given legal term of Separation Agreement.
Separation is similar to divorce but in Maryland, these are limited divorce as couple entering into such agreement has limited rights. These agreements can cover all those issues which are usually covered under an absolute divorce or a permanent divorce, for instance, property division, alimony, child custody & support, visitation, etc. It could also include other specific issues like custody of pet animals, possession of personal property with emotional attachment to the parties, etc. As soon as the couples agree to the terms of the contract, it becomes as enforceable at law as any other legal binding agreement.
Thus, we could conclude from the above information that - a Separation Agreement is a permanent contract between spouses, negotiated with assistance of independent counsel, which resolves all issues related to the dissolution of the marriage.
Provisions of a Separation Agreement [http://www.bwgmarylandlawyers.com/Maryland-Divorce-Attorneys.asp]
Provisions of a Separation Agreement may include the date of separation, child custody, visitation, child support, alimony, college contributions, use and possession of the family home, ultimate disposition of the family home, division of assets and liabilities, health insurance, life insurance, waiver of inheritance rights, attorney's fees and court costs.
Tax Consequences
It is important to consider the tax consequences of a proposed Separation Agreement, such as the after-tax effect of alimony and child support, and to seek legal advice prior to signing a Separation Agreement.
Enforcing Separation Agreements
If separation agreements come before a court, either for enforcement or as part of an eventual divorce, the court can always modify the issues related to any minor (child custody, visitation, and support). It is the responsibility of the state to protect the best interests of a child. The court cannot change the division of property the parties have agreed on, unless there was misrepresentation, fraud, or coercion involved in the original agreement. A court also cannot change an order for alimony if the parties have stated in the separation agreement that the amount cannot be changed. If the parties have not restricted the court, the court can apply the criteria for awarding alimony found in Maryland Code section 11-106. The court cannot change other parts of the agreement, such as agreements about pets.