Do I need to file something in Court to be separated?

by Heather Hostetter

In Maryland, you are legally separated from your spouse if you are not living in the same home as your spouse, and you are not having sex with your spouse. You do not need a piece of paper to prove you are separated. You do not need to go to Court to say you are separating or are separated. When it is time to get divorced, all you will need is a witness who has been to your home and knows you well enough to be able to say that your husband or wife has not been living with you since you separated. 

But just because you do not need to go to Court to be legally separated does not mean there is no need to consult an attorney before you separate. Separating from your spouse can impact your rights to your home if you are the person moving out. It can impact your finances such as who is going to pay for the home when you are separated. Separating definitely impacts your children because who are they going to live with? A lawyer can help you understand what are the legal implications of separating and advise you as to options that will best fit your family. If you and your spouse both hire collaborative lawyers, it could be an opportunity to figure out in cooperation with one another how to separate and present the plan to your children together. Separating does not mean there is immediately a court process but it does have legal ramifications – get informed before you make this kind of move.

Tags: Separation


Q: What is Collaborative Divorce?
A: Collaborative Divorce is a process for separating or divorcing parties to justly and equitably resolve their differences that avoids the necessity of going to court.

Q: How do I get started?
A: Select an attorney from the list of participating and trained attorneys. She or he will discuss...

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