The majority of couples in Towson, MD who file for a separation agreement end up filing for divorce. The agreement helps to make the divorce process easier, as it is already a complicated and often long process to go through. Working with the divorce and family law attorneys at Albers & Associates can help guide you through your separation agreement and ensure the best outcome for you.
The Purpose of a Separation Agreement
When you and your spouse decide that your marriage is no longer working, you may file for a separation agreement. This settlement allows you to figure out legal topics like child custody, alimony, property division, and your individual rights before divorce proceedings begin. If you and your spouse have a separation agreement established prior to appearing in court, it will solidify to the judge that you are seeking an uncontested divorce.
Modifying a Separation Agreement
If you or your spouse wishes to make changes to the separation agreement, both parties must discuss and come to a mutual agreement on the modifications. The court is also allowed to make modifications, if necessary, to best handle custody agreements and alimony payments.
Revoking a Separation Agreement
Although rare, some couples do decide against following through with a divorce after a separation agreement is in place. Reconciliation is possible, and if you and your spouse are to reconcile, your agreement can be revoked. This is carried out by a second agreement in writing that revokes the initial separation, signed by both parties. Contrary to popular belief, living together by itself does not revoke the agreement, but it proves an intention to revoke it.
Important Things to Note About Separation Agreements
Separation agreements do not need to be filed in a Towson, MD court in order to be effective. If you and your spouse establish the agreement and then continue on to divorce court proceedings, your initial agreement should state whether or not:
- The agreement is to survive the judgment of the divorce as a separate entity, OR –
- The agreement will be incorporated into the judgment of the divorce.
The latter can allow for a modification that is similar to a court order.
Looking to File a Separation Agreement in Maryland?
Towson, MD courts look at separation agreements favorably, as they provide a more peaceful means for couples to terminate marital strife. If you and your spouse are seeking a separation agreement, contact the expert divorce and family lawyers at Albers & Associates today to get a free legal consultation.