Hagerstown Separation Agreement Lawyer
Washington County Divorce Law Attorney
The divorce process in Maryland can be complicated. You have to meet certain requirements before you can get an absolute divorce. When you are ready to move forward with your life, this can be frustrating, but an experienced lawyer can help you through the process.
At the law office of Carl W. Disque, P.C., Attorney at Law, we are ready to help you with separation agreements and divorce. As a Hagerstown separation agreement attorney with more than 25 years of experience, Mr. Disque understands the challenges you face and the options you have to protect your future and the people you love.
Limited and Absolute Divorce
There are two types of divorce in Maryland. Absolute Divorce allows both parties to remarry and also resolves all marital property and financial rights, while a Limited Divorce can provide temporary orders for custody and other financial concerns but will not grant you full divorce rights, like a final division of marital property, pension rights, return of a maiden/former name and the right to re-marry. You can get a Limited Divorce for reasons such as spousal abuse, vicious conduct, or desertion or other the maintenance of separate residences for less than one (1) year.
Historically, to obtain a full (i.e. Absolute) divorce in Maryland, you had to either have already completed a one-year separation or qualify under separate criteria, such as the being the victim of adultery or if a spouse has received a lengthy criminal conviction. Maryland recently amended its divorce law to now allow parties, who have continuously resided in Maryland for at least six (6) months, to apply for a full (i.e. Absolute) divorce by Mutual Consent, but only under special limited circumstances, including the parties’ affirmation of a complete written agreement resolving all issues pertaining to marital property, alimony, pension rights, and, for couples with minor children, issues pertaining to child custody, child support and child access We understand how difficult it can be to understand your rights and options when you are looking for the best strategy to move forward. We can help you find solutions and make sure your rights are protected in the following areas:
- Child custody and visitation
- Child support
- Property division
- Spousal support
If you and your spouse are considering a separation, it is advisable to have an attorney draft a separation agreement, which can address child custody and support as well as property division and retirement plans. If you decide to separate without a legally binding agreement, you cannot ensure that your rights will be protected in the event you divorce, which can lead to costly future legal battles. Likewise, in order to qualify for Maryland’s new expedited “Mutual Consent” grounds for divorce, a well-drafted, attorney-crafted document is the best recipe to satisfy the legal requirement that the parties have a written agreement completely resolving all issues pertaining to marital property, alimony, pension rights, and, where applicable, issues pertaining to custody, child and visitation/access of any minor children.