Maryland law does not require a written separation agreement in order to divorce. Nor is there anything called a legal separation in Maryland.The first step in dividing the assets in a separation agreement is determining what is marital property. Is an MSA required in Maryland? The requirement of an MSA varies from state to state, as well as among counties and courthouses. A separation agreement is a document that lays out the terms and conditions for separation and eventually divorce between you and your partner. You can use form CC-DR-116 (Marital (Marriage) Settlement Agreement) and file it with a complaint for divorce. Watch a video on mutual consent. In Maryland, you cannot petition the court for a legal separation.