In Maryland, a legal separation is similar to a divorce yet it doesn’t end the marriage. Each party is given the right to lead completely separate lives without the consent of their spouse. The terms of the separation agreement define all legal rights of each spouse. A local attorney offers insight into what is achievable through Family Law in Frederick.
Protection and Privacy
Each party is granted protection and privacy from their spouse. It is not necessary for either party to explain their life choices to their spouse. The terms of the agreement protect either party from harassment or hostile conditions. However, certain clauses are added to protect the child from hazardous conditions.
Rights to the Children
The custody and rights of any children resulting from the marriage are included in the terms as well. The couple must devise strategies for scheduling visitation with the child and determine where the child will live during the separation. Child support requirements are also outlined in the agreement according to the needs of the child. Some couples who aren’t divorcing may choose to stay with the child in the marital home on an alternating schedule.
The Legal Use of Marital Assets
During the separation, each party has the right to utilize any marital assets including monetary assets. The terms of the separation agreement could restrict the use of certain assets. The couple may also choose to divide the marital assets through by the agreement.
Supporting a Spouse
Spousal support could be included in terms of the separation. Military spouses must provide separation pay and support unless the couple files for divorce. In some separation cases, the court may require spousal support to prevent any financial hardships. The value of the support payments is defined in the agreement.
In Maryland, a legal separation benefits each party. It gives couples a chance to see what it would be like if they filed for a divorce. For some couples, the legal separation leads to a divorce. For others, it could give them the opportunity to appreciate what they have. Petitioners who want to start a legal separation through Family Law in Frederick can set up a consultation right now.