Pursuing A Formal Legal Separation In Maryland
Some Maryland couples can benefit from pursuing a formal legal separation. If you are considering a divorce, but starting with a separation, formalizing your separation in an agreement can protect your rights.
My name is Greg Abney. I founded my firm, Abney at Law, P.C., as a sole practitioner because I believe that it is important to handle my own caseload from start to finish. I work one-on-one with my Rockville and Montgomery County clients to provide personalized service and customized legal strategies.
Understanding Legal Separation In Maryland
In Maryland, a legal separation is called a limited divorce. It is different from an absolute divorce, which ends your marriage. A limited divorce is a court order that addresses certain issues while you and your spouse live apart. These issues can include:
- Alimony or spousal support: You can agree to spousal maintenance, one spouse to pay financial support to the other.
- Child custody and support: If you have children, you can agree upon who will have custody and how much child support will be paid.
- Use and possession of the family home: The court can decide who will live in the family home during the separation.
A limited divorce does not allow you to remarry, and it does not resolve all of the issues in your marriage. If you decide to proceed with a divorce, you will also have to evaluate and address the division of your marital property and assets. However, a limited divorce can provide a legal framework while you and your spouse are separated. If you are considering a divorce, a limited divorce may be an option for you. I can evaluate your circumstances and help you decide on the best course of action.
Is A Separation Agreement Right For You?
If you are considering a divorce but are separating from your spouse for a period of time, a formal agreement can protect your rights. A properly drafted separation agreement is valid upon execution until it is terminated or overridden by court order.
In most cases, couples often separate without formalizing their agreement to separate. In an informal separation, usually one party simply moves out of the family home for a while. What many people don’t realize is that an informal separation is not recognized by the courts. The legal marriage contract and all of the legal obligations that come with it remain in place.
The Benefits Of A Legal Separation
In a one-year limited divorce or legal separation agreement, you can lay the groundwork for a fair custody, visitation and property settlement should you ultimately decide to get divorced. A formal separation can save a substantial amount of money and frustration if you decide to file for divorce later.
In addition, a separation agreement can be tailored to your unique goals and family dynamics. I work one-on-one with each client to craft the best strategy to resolve disputes. I work with clients to understand each client’s unique situation and goals. With a strong understanding of your individual circumstances, I will explain the options available to you and how those options serve your best interests.
Consult A Rockville Separation Lawyer And Protect Your Rights
Learn more about how formalizing your separation can protect your rights while you work to improve your marriage or ultimately file for divorce. I am available by appointment for confidential initial consultations. To schedule an appointment, call Abney at Law, P.C., at 301-450-0786. You can also send me a message through my website.
My firm is located near the Rockville metro station, just steps from the Circuit Courthouse. My office hours for consultations are 8 a.m. to 5 p.m. weekdays. As a lawyer, I do everything I can to keep my office overhead low, so I can pass lower attorneys’ fees onto my clients. I accept Visa, Mastercard and American Express for your convenience.