Baltimore, MD asked in Divorce and Child Support for Maryland

Q: Looking for guidance on how to seek counsel and file for a legal separation vs. Divorce in Baltimore, County Maryland

Related Topics:
1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: You do not "file" for legal separation. You either file for divorce (if you meet the statutory grounds), or you and your spouse can sign a marital separation and property settlement agreement that resolves all your marital rights. Alternatively, you can just sign an agreement to voluntarily separate and reserve all marital property and support claims (the primary purpose in doing this is to remove any possible claim of abandonment, desertion, etc.). Or, you simply separate and wait the requisite time period; or file for limited divorce, which would ennable you to seek temporary custody, child and spousal support, and use and possession of the marital home if you have minor children, and wait until you have met the legal grounds for an absolute divorce. With a signed separation and property settlement agreement, however, there is no waiting period, and either one of you can immediately file for absolute divorce. The best advice is to make an appointment with a divorce lawyer and go over your options based on your circumstances, and make a plan that achieves the best possible solution for you and protects all your rights and property interests.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.