Maryland Post-Separation Letter
Description
How to fill out Post-Separation Letter?
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FAQ
In the state of Maryland, there is no such thing as a legal separation. A marital separation agreement would be legally-binding as long as it was executed properly.
Maryland law does not require a written separation agreement in order to divorce. Nor is there anything called a legal separation in Maryland.
Can I get a legal separation? There is no such thing as a legal separation in Maryland. If you and your spouse live apart with the intention of ending your marriage, and if you do not have sexual intercourse during that time, that constitutes separation.
The 12-month separation is the only no fault option for divorce in Maryland. So no, you don't absolutely have to separate before getting a divorce in Maryland. Living apart for a year is not the only grounds for absolute divorce, however; it's just the only no fault grounds.
Separation agreements in Maryland may be oral or written, but in order to be enforceable, they should be written, signed, and notarized. If you and your spouse are able to resolve all your issues in the separation agreement, it can make the process of divorce less contentious, and may decrease the overall costs.
A couple with little hope of reconciliation may privately enter into an oral or written agreement to live apart. This is typically called a marital settlement agreement, separation agreement, or property settlement agreement.
Maryland law does not require a written separation agreement in order to divorce. Nor is there anything called a legal separation in Maryland.
Can I get a legal separation? There is no such thing as a legal separation in Maryland. If you and your spouse live apart with the intention of ending your marriage, and if you do not have sexual intercourse during that time, that constitutes separation.
