Uncontested Divorce and Separation Agreement Lawyer
Some of the benefits of reaching a Separation Agreement and filing for divorce on uncontested basis are that A) they will create certainty regarding the terms of your divorce and custody of your children, B) they save you significant amount of legal costs and lawyers’ fees compared to contested and/or litigated divorce, and C) they promote cooperation in parenting and healthier relationship for your children after your divorce.
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There are many legal, financial, and practical issues that one should consider before signing a separation agreement. As an experienced Maryland Separation Agreement Lawyer who has represented clients in reaching separation agreements for over 20 years, I will discuss the general pros and cons of reaching a separation agreement in Maryland divorce cases in Part I. Parts II and III will discuss the separation agreements in further detail.
Maryland Separation Agreement – Pros and Cons
Some of the benefits of reaching a separation agreement in Maryland are the certainty that you gain from it. The disputed issues in your divorce case can be resolved in one of the two ways: 1) by reaching a separation agreement or 2) litigating your differences in court and letting a judge making those decisions for you. There is little certainty regarding the outcome of your divorce case and the related financial issues if they are left to a judge to decide them. At times, even experienced divorce lawyers are surprised when a court decision is handed down. That is because Maryland divorce statutes give a lot of latitude to judges to make those decisions and 2 different judges are likely to reach different decisions on the very same case. Our experienced Maryland separation agreement lawyer can help you step-by-step in negotiating the terms of your separation agreement, review any separation agreements that were offered by your spouse and/or their counsel, and/or draft a separation agreement that includes your terms to be offered to your spouse.
Book Your Consultation with our experienced Maryland divorce lawyer today!
Create Certainty Regarding the Terms of Your Divorce & Custody
To borrow a phrase, the devil that you know is better than the devil that you do not. A separation agreement may not get you everything that you want, but you will know the final terms of your divorce case, what are your rights and obligations, what will you receive, and whether it includes terms that put you on the path to success after it is fully signed. This factor becomes even more important for most people if their cases also include a child custody case, which determines their children’s residential and legal custody. It is due to these factors that most family court judges and our experienced Maryland separation agreement lawyers encourage litigants and clients to reach a separation agreement whenever possible.
A spouse’s behavior is only one of the many factors under the statute that the courts consider in deciding the equitable division of marital assets. There are serious cases of misconduct by one spouse toward the other such as serious or repeated physical abuse or other acts that are tantamount to cruel and vicious conduct, in which case the court may make a spouse’s conduct a bigger factor in its final decision.
Most judges deal with the issue of marital infidelity on regular basis, and they may not be as sensitive to it as you are. That is not to say that adultery is a complete non-factor, but you should not misunderstand that to mean that if you could prove adultery, you will receive all or the vast majority of marital assets just based on spouse’s adultery.
Many judges, however, take a more analytical approach for determining the extent and value of marital property and how they should be equitably divided between the parties. If your spouse has been unfaithful, or cruel and abusive, they also know it and they may be “gun shy” to litigate a case and appear before a judge. In some instances, you could use the fear of litigation by your spouse to obtain better terms for your separation agreement than divorce decree that may entered by a family court judge. Our Maryland separation agreement lawyers know very well how to navigate these issues and help you obtain the best possible result for you.
A Separation Agreement Saves You Significant Legal Costs & Lawyer’s Fees
Again, there are those rare cases when a spouse has systematically and continuously hurt and harmed the health and/or wellbeing of the other spouse in which case a party’s conduct could be a more significant factor in how the court divides the marital assets. To put this issue in context, you should consider that having a protracted court case could become very costly and whether receiving 55-60% of the marital assets (versus a 50-50 division) will be worth the legal fees that you will have to incur to obtain a judgment that may grant you the additional 5-10% of the martial assets due to your spouse’s misconduct.
Clearly, if a high net worth couple own millions of dollars in marital assets the difference may make it worthwhile but if the marital assets are more limited in value, then the cost of long, contentious litigation may not be worth the return in investment. Our Maryland separation agreement lawyers can represent you in reaching a separation agreement that could significantly reduce your legal fees that could add up when litigating a contentious divorce case.
Book Your Consultation with our experienced Maryland divorce lawyer today!
Separation Agreements Tend to Promote Better Parenting After Divorce
Another possible benefit of reaching a separation agreement in Maryland to resolve the disputed issues in your divorce case is potentially decreasing future friction with your soon to be ex-spouse if you have minor children with them. Many couples have minor children at the time of their divorce and will have to interact with each other regarding their children long after the divorce. A separation agreement could be a stepping-stone to a more civil interaction between ex-spouses which should promote a healthier environment for your children as well as yourself. A separation agreement in Maryland is also a necessary element of mutual consent divorce that could result in a much quicker divorce in Maryland.
Book Your Consultation with our experienced Maryland divorce lawyer today!
This article is Part I of 3-part series by Kamkari Law regarding Separation Agreements in Maryland. For additional information and to have full context please read my additional articles on this subject. Part II of these articles can be found HERE. Please click HERE for Part III.
Kamkari Law has represented hundreds of clients in their separation agreements and contested divorce cases in Maryland since 1998.
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