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Maryland is considered an ?equitable distribution? state. This means, Maryland's Marital Property Act doesn't require divorce judges to divide property right down the middle. Instead, they can distribute the parties' assets in a way that is fair under all the circumstances.
Separation agreements in Maryland may be oral or written, but in order to be enforceable, they should be written, signed, and notarized.
A settlement agreement differs from a separation agreement as it sets the terms for the divorce, not the separation. A settlement agreement should address all central issues of the divorce. This can include things like division of marital assets and debts, child custody, and child support, as well as spousal support.
There is no such thing as a ?legal separation? in Maryland. If you and your spouse live separate lives for at least six months, you can file for divorce based on the ground (legal reason) of a ?6-month separation.?
A marital separation agreement would be legally-binding as long as it was executed properly.
The new law is ELIMINATING six grounds for divorce, including Adultery, Desertion, Criminal Convictions, 12 month separation, Insanity and Cruelty of Treatment or excessively vicious conduct towards a spouse and/or child.
A marital separation agreement, also known as a property settlement agreement, is a written contract dividing your property, spelling out your rights, and settling problems such as alimony and custody.
Technically, there is no Legal Separation in Maryland. In Maryland, whether or not a couple is separated is a question of fact. If spouses are not having sexual relations and are not sleeping under the same roof (in the same residence), then they are considered to be separated.