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Separating from your spouse can be a very painful process for everyone involved. Not only will you face emotional challenges as you proceed through the process, but you’ll also face financial and legal challenges as well. It is important to feel in control of your divorce process. A Separation Agreement allows both parties to decide what is best for themselves and their children and make their own decisions with that regard accordingly. Letting a court decide a resolution to the various issues involved should be your last resort. It is always best to attempt an amicable resolution before engaging in lengthy, expensive, and stressful litigation. To assist you with your matter, contact  Zhanna A. Maydanich, Esq. at ZM Law Group, our experienced divorce lawyer in Owings Mills, Maryland. 

What Issues of a Divorce Matter Can Be Addressed and Resolved in a Separation Agreement?

Separation Agreements can cut through a lot of the complications that arise when cases end up in court. These agreements address all the issues in the divorce, such as custody and visitation schedule for the children, child support, alimony, division of assets, and all other personal and financial matters that may be at issue in your impending divorce. When the disputed terms are discussed, negotiated, and agreed upon, a Separation Agreement can make a difficult process proceed much more smoothly and with reduced emotional and financial consequences.

When the Separation Agreement is drafted, the document will handle the following items:

  • Custody/visitation
  • Child Support
  • Alimony
  • Division of Assets
  • Health Insurance
  • Questions of Income Taxes
  • All other issues specific to your case

When anticipating or contemplating a divorce, having your legal options explained to you is the first step. This will be a roadmap used to draft the Separation Agreement moving forward in the process. It’s essential that you have knowledgeable and trusted legal advice from an experienced attorney. Zhanna Maydanich, Esq. at ZM Law Group has the experience and the knowledge that ensures that your agreement is air-tight and that no details will be left unaddressed.

Can Separation Agreements Be Modified After They Are Signed by Both Parties?

Though separation agreements are legally binding upon execution, circumstances can change, especially with matters regarding the children. If both parties wish to amend their agreement, they can certainly consult an attorney to do so. However, unless the issues concern the children, both parties would need to agree to amend their Separation Agreement for the terms to be changed. However, there are certain circumstances that terms not relating to the children can also be modified, depending upon the language used in the Separation Agreement itself. In all cases all the terms in the fully executed Agreement are enforceable and must be strictly followed unless or until there is a mutually agreeable amendment or a Court orders otherwise.

Mediation vs. Litigation

Before you get started with your divorce, you it is important to rely on the advice and experience of a seasoned divorce attorney. If you live in Owings Mills, Baltimore, Ellicott City, Westminster or anywhere else in the State of Maryland, call us.  ZM Law Group offers comprehensive and compassionate services of a legal team with over 20 years of experience in all issues relating to family law throughout Maryland. The divorce process is very challenging especially with children to consider, property to divide, or a business to think about. When working with the Zhanna A. Maydanich at  ZM Law Group, you can rest assured that we will guide you through every step of your unique divorce journey.

Mediation Can Ease the Strain of Litigation

The more time you spend fighting each other through the Court process, the more expensive the case is for you. The emotional toll the litigation process takes on both parties and their children is enormous. Ultimately, the longer you remain adversaries in a Court proceeding, the more stressful the situation is going to be. Therefore, rather than engaging in a lengthy litigation process, you can seek assistance from a mediator to assist you and your spouse with reaching an amicable resolution. However, before going to mediation, it is imperative to know your legal rights and the strengths and weaknesses in your case. This will serve you well in mediation. Empowering yourself with knowledge and perspective is the key to a productive mediation process. It is highly advisable to first consult with an attorney before going to mediation. At ZM Law Group we encourage engaging in an amicable resolution process before moving forward with contentious litigation.

Call on ZM Law Group for Mediation in Maryland

Navigating divorce proceedings will be difficult, but you have a devoted and skilled advocate on your side. Mediating your matter in an effort to minimize the emotional and financial burdens involved in Divorce cases are often the best first approach.  Zhanna Maydanich has been working with families just like yours for two decades. Her experience and zealous advocacy will serve your interests in your unique case. Contact us today to learn more about how we can help you. You don’t have to do this alone.

Frequently Asked Questions

Can we create separation agreements without a lawyer?

Yes, couples in Maryland can create separation agreements without a lawyer, but it’s advisable to seek legal guidance. While templates are available online, they might not cover all legal nuances or be tailored to your unique situation. An attorney ensures the agreement complies with Maryland laws, addressing aspects like property division, alimony, and child support comprehensively. Their expertise prevents oversights and safeguards your interests, offering clarity on legal rights and responsibilities. Proactively involving a lawyer minimizes the risk of future disputes and enhances the agreement’s legal validity, providing a solid foundation for the separation process.

Can a Separation Agreement Be Modified?

Yes, a Separation Agreement in Maryland can be modified, primarily for matters unrelated to children. Both parties must agree to modifications, and legal consultation is crucial to navigate complexities. When circumstances change, such as financial situations or employment, seeking an attorney’s assistance ensures any modifications align with Maryland law. Child-related modifications may require court approval, emphasizing the importance of legal guidance to facilitate smooth adjustments and uphold the agreement’s integrity within the legal framework.

 Is a Separation Agreement Legally Binding in Maryland?

Absolutely, a Separation Agreement becomes legally binding in Maryland upon both parties’ signatures. Serving as a contract, it governs various aspects, including alimony, property division, and child-related matters. Seeking legal counsel during the drafting process is vital to ensure the agreement adheres to legal standards, protecting the rights and interests of both parties. The legally binding nature of the agreement provides a clear framework for the separation, fostering cooperation and minimizing potential conflicts down the road.

What Should I Include in a Separation Agreement?

A comprehensive Separation Agreement in Maryland should cover essential elements such as custody/visitation arrangements, child support details, alimony terms, asset division guidelines, health insurance considerations, and provisions for addressing income tax matters. Tailoring the agreement to the specific circumstances of the couple is crucial. Seeking legal assistance to review and finalize the document ensures that all relevant aspects are adequately addressed, minimizing the potential for misunderstandings or disputes in the future. Attention to detail during the drafting process is key to a smooth and legally sound separation.

How long can a married couple be separated in Maryland?

Maryland doesn’t mandate a specific separation duration for divorce, but a common prerequisite for a no-fault divorce is living separately for a year with no cohabitation. The duration of separation can vary based on individual circumstances, and couples should carefully consider their situation. Legal advice is essential to guide decisions within the legal framework, ensuring that any actions align with Maryland’s requirements for divorce. Couples contemplating separation should seek legal counsel to understand the implications.

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Annapolis (21401, 21403, 21409), Arnold (21012), Crofton (21114), Crownsville (21032), Gambrills (21054), Glen Burnie (21060, 21061), Hanover (21076), Jessup (20794), Pasadena (21122), Severn (21144), Severna Park (21146).

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