Maryland Separation and Property Settlement Agreement
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
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FAQ
Separation agreements in Maryland may be oral or written, but in order to be enforceable, they should be written, signed, and notarized.If you decide not to divorce, your separation agreement can remain in effect as a contract.
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.
Children: Who gets custody? What financial support do they get? What kind of parenting contact is allowed? Finances: How will you divide your assets? How will you divide debt? Property: Will the property be sold and divided? Will one person keep certain property?
Maryland law does not recognize legal separations, although limited divorces are similar. Instead, separation is a ground or reason for divorce in Maryland as explained below. A couple has separated if they live apart, do not engage in sexual relations during that time, and intend to end the marriage.
Like adultery, desertion is a fault ground for divorce, and therefore may be a factor in the award of alimony and custody. However, this ground requires that you be separate and apart for 12 months prior to filing.Maryland law does not require a written separation agreement in order to divorce.
Before filing for divorce, the spouses must have lived separate and apart without cohabitation (living together or having sexual relations) for 12 months without interruption. Mutual consent is a newer no fault ground for absolute divorce.
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.
Short answer: in Maryland, it means legally married. Some states recognize "legally separated" as a status between married and divorced.But neither has the legal right to remarry until they receive a final divorce, and if either has sexual relations with another person, that is adultery.
Separation agreements can be long and complex, especially if you and your partner have been together for years and have extensive marital property or children. While you can draft a separation agreement yourself, it's best to have an attorney do it for you.
