When two people decide to end their relationship they can do so in one of several ways: If there are no issues to be resolved (e.g. custody, support, property, bills) the parties may go their separate ways. Eventually, they will qualify for an Absolute Divorce and one of the parties can petition the Circuit Court for one.
If there are issues to be resolved, the parties have two alternatives.
A Separation Agreement can be negotiated by experienced Maryland separation law attorneys. This is preferable because it allows both parties to take part in the decision making process and final result. It is frequently less expensive than a contested trial. But, it is a contract and like any other contract, it requires both parties to be willing to negotiate and agree to its contents. Because it has important legal ramifications, it should be prepared by an experienced Baltimore family attorney. If you believe that your spouse will never be willing to seriously negotiate a Separation Agreement, do not allow an attorney to automatically prepare one for you; you will be paying for something that you will never need. Suggest instead, that a letter be sent to your spouse inquiring as to his/her intentions so that you can make an informed decision as to how you should proceed.
If a Separation Agreement cannot be negotiated by your Maryland divorce lawyer, under many circumstances you can petition the Circuit Court for a Limited or an Absolute Divorce. If there has been "abuse" by your spouse toward yourself or other members of your household, you may petition the District or Circuit Court for an Ex Parte and then Protective Order (see our discussion on Domestic Violence).
If you’re considering filing a movement for separation, let our Baltimore divorce lawyers help make it as painless and quick as possible. Our Baltimore family attorneys will help you negotiate a separation agreement or represent you in court if one cannot be negotiated. Please contact Cohen & Dwin by email or call us at 410-LAW HELP for a free consultation with our divorce lawyers in Maryland.