A separation agreement is a legal document that binds you together for many years and determines your rights, obligations and responsibilities from your marriage. You and your spouse can amend the agreement if you agree to both changes; it may be amended by a court order, unless the agreement explicitly states that the agreement is not subject to judicial amendment. Nevertheless, the court can still amend the provisions of an agreement on custody and custody of minor children. Back up What forms do I need to submit? If you wish to file a divorce file, use the absolute divorce claim (CC-DR-020) or restricted divorce (CC-DR-021). If you wish to respond to a divorce case opened by your spouse, use the answer (CC-DR-050) and, if applicable, a counter-complaint for an absolute divorce (CC-DR-094) or a limited divorce (CC-DR-111). You may also need to submit a Civil Domestic Information Report (CC-DCM-001), financial forms, a joint declaration of the contracting parties on marital and non-marital property (CC-DR-033), a settlement agreement and royalty exemption forms. Watch a video on divorce forms. In Maryland, there is no legal status called “legal separation.” Couples are married or divorced. However, separation agreements can be reached if the couples decide to live separately pending a divorce. You can decide to execute what is called a separation contract, a real estate transaction contract or a conjugal transaction contract. These concepts refer to the same thing: a legally binding contract between spouses for matters such as custody and home visits, child care, spousal custody, health and life insurance, wealth distribution and much more.
Once you have collected and signed all the necessary documents, you should bring 3 copies to the courthouse, with cash or a checkbook to pay the deposit fee (the court does not currently accept credit cards). Some Maryland counties allow lawyers and parties to come forward electronically, which can speed up the process. The current registration fee for a divorce at mutual consent is $165 plus representation fees if you are represented by a lawyer. The three copies and registration fees are addressed to the Circuit Family Department in your County Courthouse. A copy will be filed in court. The other two are processed by the clerk and returned to you and/or your spouse for your registrations and service. This blog post will give an overview of the divorce agreement agreed in Maryland.