June 17, 2020, Maryland, USA
Forms. Legal, the leading legal forms site in the US, has made available the form for separation in Maryland. Now there is no need to spend hours searching for it. Visit the website and start filling the form, and discuss the issues with your ex-spouse.
There are many issues that the marital separation agreement can resolve. It is a written contract which will settle the problems of child custody and spousal maintenance, distribution of assets, and responsibility of each spouse.
The best thing about the settlement agreement is that it can be created before the divorce when both of you are living together. During the initial stages, where you are executing the separation agreement, there is no need to file it in the court for the separation to be effective.
Need for a separation agreement. Most of the sparring spouses who file the marital separation agreement will eventually file for divorce. If you have it beforehand, the divorce proceedings become a lot easy. The presence of an agreement makes it clear that you have an uncontested divorce before the court.
The agreement governs the future of the relationship. It also provides evidence for the day of separation. In this way, it clears the doubts about the details of coming to an end of the marital relationship.
Issues Covered. The Maryland marital separation agreement covers the visitation, child support payments, as they are applicable in the law here. It also addresses spousal maintenance as per the law, division of debts, property division, health insurance, pension plans, tax-issues, disposition of the marital home, and future settlements.
When it is not needed? If you don’t have any marital property, joint debts, or children, then there is no need for a marital separation agreement. In such a case, you can get a no-fault divorce.
Filing the Agreement. Initially, there is no need to file an agreement in a Maryland court for it to be effective. But in the separation agreement, it should be stated whether the agreement will remain valid even after divorce. Should it be merged with the judgment of divorce?
Critical Issues Addressed are child support, support for the maintenance of a spouse, and right to sue. But others are agreed upon and mentioned clearly in the agreement.
Child Support. If the agreement on the divorce merges with the judgment, the court will modify the support if the need arises. But if the agreement remains valid after the court’s judgment, the child support can be modified upwards to accommodate the changes. Keep in mind that any request for downward modification can be challenging to prove.
Spousal Support. While creating the agreement, if you mention in advance that the divorce agreement is merged into the divorce judgment, the court will have the power to modify the duration and the amount of maintenance. However, it altogether depends on conditions based on which the amount can be increased or lowered.
Right to Sue. Other spouse can still sue to enforce the obligations of the agreement or to get the money for the owed amount and collect it as well. But it applies if the agreement survives the process as a separate contract.
Duration of Marital Separation Agreement. It binds you for many years. It outlines your obligations, rights, and responsibilities from the marriage. If both spouses consent for changes, the agreement can be amended.
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