MD Divorce Lawyer for Separation Agreements
It goes without saying that one of the most important factors in deciding whether you should reach a separation agreement are the terms of the agreement and whether at the very least those terms are fair and reasonable to you. Our experienced Maryland divorce lawyer for separation agreements can fully explain the terms of any proposed agreements, their consequences, how to improve those terms to your benefit, and whether you should sign a separation agreement.
In parts I and II of this 3-part article, I discussed the many benefits of reaching an agreement but let’s discuss the effects of reaching a separation agreement and what it means to the parties. But first let’s take a minute to discuss when reaching a separation agreement may not be the best idea. As an experienced divorce lawyer for separation agreements who has drafted and negotiated separation agreements in Maryland since 1999, I believe there are times that reaching a separation agreement may not be the best idea.
In cases where there is a great deal of animosity between the parties, a prematurely reached separation agreement may be the equivalent of punting the ball only to resume the animosity and court proceedings at a later date. However, one of the effects of reaching a separation agreement in Maryland is that it brings resolution and finality to the outstanding issues. If you give up and concede too much to reach a separation agreement you cannot go back and re-open and/or re-litigate those issues in vast majority of cases. Once you reach an agreement, in most cases you are bound by those terms, and you cannot change them except obviously with the consent of the other party. So, you should make sure that at the very least you can live with the terms of your separation agreement.
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Whether to reach a separation agreement is an extremely personal issue that differs from one person to the next, and one size does not fit all. Therefore, you should not agree to terms that cross your “redlines,” or include terms that are highly questionable to you. You do not want to be in a situation where you have settled on terms, reached an agreement, but feel like you reached an agreement without having sufficient information because in all likelihood you will not be able to go back and re-address the issues that have been settled.
There are however certain situations in which a separation agreement can be set aside by court due to duress or due to unconscionably unfair terms that were reached without having the opportunity to have the advice of counsel). However, those cases are rare.
There are other potential benefits to reaching a separation and property settlement agreement in Maryland that I will not belabor here. But keep in mind that going to court, testifying, and even going through a discovery process and producing information and documents and/or being deposed makes most people stressed and uncomfortable. A timely reached separation agreement could save you the headaches of gathering and producing substantial number of documents, answering questions, and making court appearances.
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This article is Part III of 3-part series by our divorce lawyer for separation agreements and divorce by mutual consent in Maryland. For additional information and to have full context please read my additional articles on this subject. You can find parts I and II at:
Shane Kamkari, Esq. is an experienced Maryland family lawyer who has negotiated and drafted separation agreements and litigated family law case cases in Maryland since 1999. Shane practices divorce and family law only in Maryland and primarily in Montgomery, Howard, and Frederick counties.
Kamkari Law – Family and divorce lawyers
301-309-9002
ask@kamkarilaw.com
You can also find the legal requirements for obtaining divorce by mutual consent in Maryland at Mutual Consent Divorce in Maryland – Kamkari Law
Maryland family lawyer for separation agreements
