Maryland Dissolution Agreement with Minor Children

State:
Maryland
Control #:
MD-1010D
Format:
Word; 
Rich Text
Instant download

Description

This dissolution agreement lays out the terms of the divorcing spouses agreement to divorce based on irreconcilable differences. It provides for the separation of property and for issues involving the children, including support, custody and visitation.

A Maryland Dissolution Agreement with Minor Children is a legal document used to formalize an agreement between two parents who are going through a divorce or separation and have minor children. This agreement is intended to protect the rights of both parents and the best interests of any children involved. It sets out the terms of any child support and custody arrangements that will be in place, as well as other provisions such as visitation rights, property division, and spousal support. There are two main types of Maryland Dissolution Agreement with Minor Children: an uncontested agreement, which is when both parents agree to the terms of the dissolution, and a contested agreement, which is when there are disagreements between the parents and the court is called upon to decide the outcome.

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FAQ

Stipulations of the Maryland Divorce Process 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 has a residency requirement that has to be met before filing for divorce, but there's no waiting period before a divorce can be finalized. The standard grounds for divorce include adultery, desertion, cruelty, incurable insanity, and other reasons listed below. Maryland also recognizes no-fault divorce.

Use and Possession ? If you have minor children living in the marital home, the custodial parent may be granted use and possession of the family home for up to three years after the divorce is final. At the end of the use and possession period, the ownership will revert to whoever's name is on the title or be sold.

Courts in Maryland can give one spouse the exclusive right to live in the family home for up to three years after the divorce. Under certain circumstances, the court might also award one side the exclusive use of personal property like household furniture and the family car.

Maryland allows both "no-fault" and "fault-based" divorces.

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.

Maryland is a fault-based state, and adultery is one of the legal grounds for divorce. However, judges do not typically give a lot of weight to adultery because it can be difficult to prove and often involves hearsay. Only adultery that is proven may impact divorce litigation.

12 Month Separation This ground requires that the couple have lived apart, in separate homes without sexual intimacy, continuously for a year. Neither party needs to prove or claim ?fault?. You and your spouse do not need to agree to separate or to divorce.

More info

About this Form: This is a marital settlement agreement that may accompany the No-Fault Divorce form for use within the State of Maryland. Complete and attach this form to a complaint in a family case.NOTE: Use this form to initiate an absolute divorce case. This pamphlet is intended as a quick reference to the basic laws governing marriage and divorce in Maryland. Settlement Agreement (no form available); Division of Vital Record's, Report of Absolute Divorce or Annulment of Marriage (get this form from a court clerk). Settlement Agreement (no form available); Division of Vital Record's, Report of Absolute Divorce or Annulment of Marriage (get this form from a court clerk). If you have minor children, here is a checklist of issues that will need to be addressed: 1. Physical custody and access. The care, custody, access, and support of minor or dependent children;. Earlier uncontested divorce Maryland law allowed couples to file for divorce only if they had no children.

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Maryland Dissolution Agreement with Minor Children