During the magical moment when you say "I do," you make a wish to have a happy marriage The thought of having friends and family wishing you all the best makes you feel fulfilled. For some marriages, the happiness is short, but there is no need to stay in an unhappy marriage because you deserve all the happiness in the world.
Deciding what to do does not come easily, especially where there are sediments of love feelings towards your partner. Having tried other options like marital counseling, it is not too late to pursue a legal separation. This does not mean the marriage ends at the judge's final verdict; rather, it is a way for the couple to retrieve and take their chances of working on their marriage.
The law in Maryland does not include legal separation but refers to the process as limited divorce. Technically, a legal separation would not end the marriage. Still, the couple will stay away from each other The couple in the limited divorce will not have the freedom to remarry, but if both desire to dissolve the marriage, they can opt for permanent divorce in Maryland requires that you have ground to file for a legal separation, or base on no-fault grounds It is allowed to have more than one ground when filing Seeking attorney's opinion will help to determine if the grounds are fit legally Information provided in this article will help to ease the experience ahead.
The law of legal separation differs from one state to another in Maryland; specifically, the law terms legal separations as limited divorce. Limited divorce refers to a legal authority to separate a couple. People who opt for a limited divorce do not have grounds to pursue absolute grounds. This process does not completely dissolve a marriage but ensures the couple does not reside under the same roof.
When filing for limited separation in Maryland, there are multiple options you can utilize. Legal separation and divorce use a similar process in the filing. The various processes are:
Hiring an attorney - when you have a lawyer, filing for legal separation is much easier. In such a case, the lawyer takes up filing the paperwork. The attorney can also offer legal advice on the matter. An experienced lawyer will advocate for your best interest.
DIY - the second option is to do it yourself, where you have to file the paperwork yourself.
Online - this option allows you to pursue your legal process more simply and conveniently. Provision of an online divorce service is made; It contains complete forms necessary to file for legal support. The papers are presented in court on your behalf when using this option.
The beauty of marriage is living happily with your family and spouse. Sadly this is not the case for everybody, and irresolvable marital problems start creeping in.
At some point, you think about divorce but take a second chance to look into the advantages of legal separation, some of which include;
Legal separation is very involving, especially regarding time and resources, and not forgetting emotions. It would be very tiresome to invest so much in a process that is not final and then fail to reconcile at the end. This seems like a total waste since you cannot even get married since the marriage wasn't dissolved.
Going for divorce later on, means double the trouble, especially in Maryland, where the ground for legal separation is almost the same as divorce. The cost is also similar, so you spend double the amount spent on legal separation alone. Legal separations demand that you continue to pay for spousal support even when living separately.
Divorce is different from a legal separation in many ways, but the most obvious one is that the marriage is not dissolved in a legal separation. Other differences include;
Health care - when a couple is legally separated, they continue to receive health care insurance and security benefits. These privileges are terminated after a divorce ruling.
Decision making - spouses have the authority to make decisions on finance or medical since they are still the next of kin. Once the divorce is granted, the spouse is nullified as the next of kin.
Debts and liabilities - during a legal separation, both parties agree on how to manage debt and other liabilities that include basic needs for the child.
Reconciliation - divorce leaves no room for reconciliation, and once it's granted, the marital status changes immediately. However, this is not the case for legal separation, as there is a chance for reconciliation.
There are similarities between the two legal processes that include;
There is a long legal process involved before legal separation is granted. According to the law in Maryland, there is a very faint line between legal separation and divorce. Once you have prepared the separation papers for filing, you must pay a court fee of $165.
Once you file a petition for legal separation, the laws in Maryland dictate that the verdict should be delivered before 12 months are over. If this time is elongated, it could cause problems in adjustments for the children.
Maryland gives judges the authority to rule on child issues in a legal separation. However, the factor that affects this decision have not been listed. The judge has the power in his wisdom to determine the most favorable parent to grant custody. The judges always rule in the child's best interest.
Maryland offers two types of child custody, physical and legal. The judges have the choice to make a ruling on one of the two options for each parent or grant both to one parent.
A trial separation is an informal agreement for two spouses to live separately out of their will without any legal ruling. The judge is not involved in this agreement since it is informal. The couple may take advantage of this time to settle issues before pursuing a legal separation. Since there was no legal interference in the process, the couple could reconcile if they so wished.
Any legal process can get very complicated since there are a lot of processes and requirements. Some decisions made during such times will impact your life in a great way. When the decisions are made wrongly, you could live with many regrets. An attorney will offer expert knowledge to guide and advocate in your favor Attorneys will also offer you guidance on representing yourself in court during the proceedings. If you decide to settle with an attorney, ensure they are well experienced in this field.
The separation agreement refers to a mutual understanding stating how certain issues are to be resolved. This document is prepared and signed by the couple. If they have attorney representation, they can get help preparing this document. This document is presented to the judge and may be referred to in case of arguments during the proceedings. It is important to take time and consideration when preparing the separation agreement.
There are four important parts to consider when preparing for a separation agreement. They form the basic requirements of what to include in the agreement. It is entirely up to the couple to ensure they get as detailed as possible Separation agreement should be guided by:
When developing the agreement, it is wise to make considerations in favor of priorities. This helps make the terms of the agreement easier to abide by.
Legal separations are not very popular as divorce. They are helpful to couples who are not sure of the fate of their marriages. If you still have feelings for your partner, then it is okay to give it a try to ignite the spark couples need to work together during the legal separation agreements and procedures. Consider supporting one another, and it could help you achieve your desired results to reconcile.
Being legally separated could lead to seeing hidden facts but emerge after a divorce Prepare for any outcome to avoid being traumatized by unfavorable results of the legal separation. Take not to prepare the children physiologically. This helps to avoid unnecessary questions that may be difficult for you to answer. Be plain and open to them, and avoid giving them false hope and telling false truths.
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