We offer below some answers to the most frequent questions we hear about separation agreements at the Law Office of Shelly M. Whether through mediation, while involved in litigation, or through the Collaborative process, you and your spouse can negotiate a separation agreement and be as creative as needed to address all the unique issues related to dissolution of your marriage.
What can be, and what should be, included in your separation agreement is best determined on a case-by-case basis.
You and your spouse can sign a contractual document or separation agreement that states that the two of you have agreed that you can live as though you are unmarried, which would be the equivalent of a contractual separation.
The court will consider you to be married until they have granted you a divorce.
Second, it may not be what is in the best interest of your child(ren) and if you are not putting your child(ren)’s best interest first then you may be facing an uphill battle if custody is an issue in your matter.
While dating may not offend a Judge, it will not be helpful to your case if the Judge feels that your children are being negatively affected by your dating life and you have still chosen to partake in it.
If the grounds for the divorce occurred in another state, Maryland requires a residency period of at least one year before filing.