Marriage is often regarded as a beautiful union, but sometimes circumstances make it impossible to stay together. In such cases, couples may consider legal separation as an alternative to divorce, granting them the freedom to live apart and disentangle their financial and personal lives without officially terminating their marriage. If you are contemplating legal separation in Maryland, it’s essential to familiarize yourself with the following information that will help you navigate the process.

Understanding Legal Separation In Maryland

Legal separation in Maryland refers to a formal legal arrangement sought by couples looking to separate. This arrangement allows couples to establish court orders regarding various aspects such as their children, property division, and spousal support. One of the significant advantages of legal separation is the option to indefinitely live apart or reconcile at a later date.

It is important to note that legal separation is not mandatory in Maryland before filing for divorce. However, in certain instances, a judge may require couples to attend counseling or attempt reconciliation before granting a divorce.

Grounds For Legal Separation In Maryland

In Maryland, legal separation is granted on the same grounds as divorce, including:

• Adultery
• Desertion
• Cruelty
• Conviction of a felony or misdemeanor
• Mutual Consent
• Insanity

However, it is worth mentioning that proving grounds like adultery and desertion can be challenging and have specific requirements. It is highly recommended to seek guidance from an experienced Maryland attorney when claiming these grounds.

Requirements for Legal Separation In Maryland

To be eligible for legal separation in Maryland, certain requirements must be met, which include:

• At least one spouse must be a resident of Maryland.
• The grounds for separation must be present.
• The couple should not have engaged in sexual relations during the separation.
• The couple should not be reconciling, or intending to reconcile.

The Process of Legal Separation In Maryland

The process of legal separation in Maryland closely resembles that of divorce. The petitioner initiates the process by filing a Complaint for Legal Separation in the appropriate court and serves a copy of the complaint and summons to the other spouse. Upon receiving the documents, the responding party has 30 days to file an answer. If the responding party fails to respond within the stipulated time, the petitioner can request a default judgment.

Subsequently, the couple will attend a hearing to present their case, and the judge will grant the separation order.

Division of Property

When couples are legally separated in Maryland, they can divide their property in three ways:

• They can mutually agree on how to divide their assets.
• They can opt for the court to equitably divide their assets.
• They can request an actual distribution of property.

Once the court issues a legal separation order, neither spouse may sell or transfer any shared property without the other spouse’s consent.

Child Custody and Visitation

In legal separations in Maryland, child custody and visitation are determined in a similar manner as in divorce cases. The court prioritizes the best interests of the child when making decisions.

Both parents are required to attend a mandatory parenting class in Maryland if they have minor children. This class imparts knowledge regarding the effects of separation on children, child development, and effective communication.

Spousal Support

In Maryland, the court may award spousal support in legal separation cases if one spouse requires financial assistance from the other. The court takes various factors into consideration, such as the income of each spouse, the standard of living during the marriage, the duration of the marriage, and the financial needs of each spouse.

How Legal Separation Differs From Divorce

Several important distinctions exist between legal separation and divorce in Maryland. The most noteworthy difference is that legal separation does not terminate the marriage, whereas divorce does.

Additionally, legal separations are less common compared to divorces. They are typically sought in circumstances where couples are not yet ready for divorce but wish to separate their lives.

Seeking Legal Help

If you find yourself contemplating legal separation, it is crucial to consult with an experienced attorney. Understanding your legal options is essential to safeguard your interests, protect the well-being of your children, and secure your financial future. An attorney can expertly guide you through the legal separation process in Maryland, helping you comprehend your rights and negotiate favorable terms.

The Bottom Line

Legal separation in Maryland offers couples the opportunity to legally separate and disentangle their lives while remaining married. When considering legal separation, it is vital to familiarize yourself with the specific grounds and requirements. Seeking guidance from an experienced attorney will enable you to make well-informed decisions about your future.