Whether you initiated a divorce or not, chances are good that you could be overwhelmed by the prospect of setting up two households. If you are living apart from your spouse, but you are not yet prepared to consider a divorce, you might want to speak to a dedicated attorney about other options. A Rockville separation agreements lawyer could be a knowledgeable resource for you as you form your marriage separation settlement.
What Does a Legal Separation Agreement Cover?
Couples in Rockville are allowed to form an agreement, deed, or settlement that both would be bound to follow either for a certain period of time or as a final settlement of marital issues. Under Maryland Code, Family Law §8-101, a husband and wife may make a valid and enforceable settlement of alimony, support, property rights, or personal rights.
The terms of a legal separation agreement may address one or all of the following non-exclusive issues:
Ideally, this type of contract could prevent more severe friction during divorce proceedings. A seasoned Rockville separation agreement attorney may be able to offer advice and suggestions about possible terms of a marital separation agreement.
Marriage Separation Agreements and Limited Divorces
If they are not ready to face the permanence of an absolute divorce, separated partners might consider getting a limited divorce. According to the MD Code, Fam. Law §7-102, a limited divorce does not permanently dissolve the marriage. A Rockville court may issue a decree for a limited period or for an indefinite duration.
As per the MD Code, Fam. Law §8-202, when a court grants an annulment or a limited or absolute divorce, the court may resolve a dispute between the parties with regard to ownership of personal property. However, in a limited divorce, the court may not resolve a dispute over the ownership of real property.
When an estranged couple has already made a binding agreement about selling a home or transferring title, the process for getting a limited or even absolute divorce could run more swiftly. Even if a couple decides to delay an absolute dissolution, they may agree on many terms by the time that they do wish to permanently end the union. The important part to remember is to make sure you have the advice of qualified legal counsel before signing any document regarding your marriage.
If a couple decides to reconcile, a Rockville court has the power to revoke the limited divorce decree, but only if both partners request the reinstatement of the union. Because a limited divorce is not absolute or final, parties who are granted one are not permitted to remarry. An experienced separation agreement lawyer in Rockville may be well-versed in limited divorces for couples who are living apart.
How a Rockville Separation Agreements Attorney Could Help
Even if you believe that you might reconcile one day, it may be beneficial to form an enforceable contract during your period of separation from your spouse. Couples who come to a settlement before getting a divorce may have an easier time during the dissolution process.
Contact a local legal professional to discuss the merits of a Rockville separation agreement. An adept Rockville separation agreements lawyer could share their knowledge about this kind of contract and work with you to pursue the solution that is right for you.