In my practice, I am often asked if clients can file for a “legal separation” in Maryland. A common question is:
“My spouse and I are contemplating divorce. Do we need to be legally and physically separated for a year before filing?”
Unfortunately, Maryland does not recognize “legal separation” as a marital status. You are either married or divorced.
The closest option is to enter into a binding contract known as a Separation Agreement. This agreement addresses critical issues such as child custody, alimony, support, and property rights, allowing spouses to live separately while waiting for a formal divorce. The Maryland Courts often favor these agreements because they offer a more peaceful way of managing marital dissolution.
The Advantages of Having a Separation Agreement
1. Avoiding Time-Consuming and Costly Litigation
A significant advantage of having a Separation Agreement is that it can help parties avoid the time, expense, and uncertainty of contested litigation. Spouses can negotiate and enter into a Separation Agreement either before or during divorce proceedings, saving both parties the stress of a courtroom battle.
2. Addressing Credit Card Debt
Under Maryland law, credit card debt remains the responsibility of the cardholder, regardless of how it was accumulated during the marriage (Md. Code, Family Law § 8-205). However, a Separation Agreement allows spouses to address this and other financial obligations that are not typically resolved during court proceedings, ensuring a more equitable division of debt and assets.
3. Expedite Divorce Proceedings Through Mutual Consent
A Separation Agreement also expedites the divorce process through the mutual consent grounds. This legal provision was enacted in 2015 and allows couples to file for an immediate divorce, bypassing the six-month physical separation requirement if they have a signed Separation Agreement and no minor children (Md. Code, Family Law § 7-103).
To file for a divorce on mutual consent grounds, one spouse must file a Complaint for Absolute Divorce on the grounds of mutual consent. The other spouse then affirms that they agree to the divorce and that all issues, such as alimony and property division, have been resolved.
While the mutual consent option is one of the quickest ways to dissolve a marriage in Maryland, it’s essential that the Separation Agreement thoroughly addresses all issues.
If the court finds the agreement lacking, the divorce could be delayed or even denied. Spouses considering mutual consent divorce should consult with a family law attorney to ensure all paperwork is correctly filed and compliant with court requirements.
Legal Considerations and Modifiability
Separation Agreements are generally favored by Maryland courts because they resolve many complex issues without involving prolonged litigation.
However, while these agreements are legally binding, the court retains the power to modify any terms related to child custody and support if it is in the best interest of the child (Md. Code, Family Law § 8-103). This ensures that children’s needs are prioritized, even if parents have agreed upon custody and support arrangements.
Let Wasserman White Family Law Mediate Your Separation
In Maryland, while there is no legal status for “legal separation,” a Separation Agreement is the most practical solution for couples who wish to live apart while resolving the major issues surrounding their marriage.
For those seeking an amicable, efficient way to end their marriage, a well-drafted Separation Agreement is an essential tool.
Contact our office for a consultation to ensure your Separation Agreement addresses all necessary issues and meets the court’s requirements for a smooth divorce process.