Marital Separation Agreements in the State of Maryland

Most divorce cases do not go to trial. In the majority of these cases, the parties settle their differences and outstanding issues through the use of a separation or settlement agreement which is negotiated between the parties and/or their legal counsel. The separation agreement will set out the terms of the agreement that is reached by the parties and can encompass a global settlement of all outstanding issues between the parties or simply resolve some of the outstanding issues. For example, if a divorcing couple can resolve their property issues, but not issues relating to custody, they can enter into an agreement that incorporates the terms of their property settlement, but leave the outstanding issues of custody for trial or later resolution.

At Stern & Associates, we encourage all our clients, when appropriate, to try and resolve their issues outside of Court through the use of a separation agreement for expediency, cost and finality issues.

It is extraordinarily important for any party considering entering into a separation agreement to have the agreement reviewed by legal counsel before signing it. Absent extraordinary circumstances, once an agreement is signed it is valid and binding upon both parties and it is extremely difficult to have an agreement set aside after it is signed. Under no circumstances, should you sign an agreement without first consulting with a lawyer. We also recommend that agreements be prepared by legal counsel and that parties do not rely upon form agreements available for purchase over the Internet. There is too much at stake in a divorce proceeding to rely upon basic, generic forms and a single omission or error may prove costly later. The $1,000.00 it will cost to have an agreement prepared or reviewed by our firm is well worth the cost and certainty the review will provide

Maryland Divorce Attorneys

If you are interested in having Stern & Associates represent you in a divorce proceeding or to prepare or review a separation agreement, call our offices today at 1-800-DIVORCE (from the Washington, D.C. area) or 301-444-4660. We would be happy to discuss your case with you.

Stern & Associates is a family law firm that represents individuals in divorce and family law cases throughout Maryland including cases in Montgomery, Howard, Frederick and Prince George’s Counties.