Towson Divorce Lawyer | Marital Separation Agreements.
EXPERT MARYLAND DIVORCE SETTLEMENT AGREEMENTS
Understanding How Baltimore County Family Law Settlement Agreements Work.
Marital Separation Agreements aim to settle all conflicts and disagreements between divorcing spouses. When Partids have an MSA, they have an uncotneested divorce. When no agreement exists, there is a contested divorce. Maryland does not have what other states call a legal separation. These agreements are usually about 30 pages long. The agreement length can vary based on marriage duration, issue complexity, and child custody.At the Law Offices of Amar S. Weisman, we prefer to encapsulate agreements in a document we call a Terms Sheet Regarding Full and Final Settlement.
These agreements are incorporated but not merged into the final Court Order, which is known as a Judgment of Absolute Divorce which is entered when there is a final divorce. Preparing a Marital Settlement Agreement between attorneys is an example of collaborative law. As part of the collaborative law process, your Towson Divorce Lawyer may be helpful to include a mediator in Towson.
This format is often more refined, direct, and less redundant in addressing all pending issues. Couples consider Marital Separation Agreements a fair and peaceful way to resolve marital disputes before divorce. Public policy and the courts support the use of these agreements to encourage settlement.
Proper Settlement Agreements Create Grounds for Divorce.
A well-crafted Marital Separation Agreement is crucial in divorce cases as it serves as a legally binding document outlining the terms of the divorce settlement. This agreement must be carefully drafted by the divorce attorney ensure that it covers all necessary aspects of the divorce, short-term and long-term, such as division of assets, child custody and support, spousal support, and any other relevant issues.
When a Marital Separation Agreement is poorly drafted, incomplete, or unprofessional, it may be dismissed by the Baltimore County divorce Court, leading to delays and complications in the divorce process. This is why it is highly recommended to seek the assistance of a skilled attorney in Towson who has experience in drafting such agreements.
A good Maryland Divorce lawyer will ensure that the Marital Separation Agreement includes all necessary elements. This includes clear language outlining each person's rights and responsibilities. The agreement should also address any potential future issues that may arise. Additionally, it must comply with state laws. Working with a lawyer can increase the likelihood of a Marital Separation Agreement being approved by the court. It can also help ensure that the agreement is effectively used in a divorce case.
Elements of the Marital Settlement Agreement
Preamble
Preamble setting forth the names of the parties, the date of separation, and the intention to permanently separate for the purpose of ending the marriage. The preamble may also state that neither party waives any grounds for divorce by entering the Marital Separation Agreement.
Marital Home Clause setting forth what is happening to the marital home; if there is a buy-out, this clause will have the sale price, the date, and deadline for refinancing, and what happens in the (very possible) event that there is no refinancing; if the marital home is to be sold, the Marital Home clause will have a time line for selecting the broker or auctioneer, deadline for listing listing the property, and ground rules not only for selecting a sales price but also what happens in the event an offer comes through that is less than the price.
- The marital home clause in Maryland law will define "net proceeds" and explain how they will be divided between spouses. Additionally, a clear plan is needed for splitting the expenses of maintenance and repairs until a decision is reached. This plan should outline how the costs will be divided among those involved. It is important to have this plan in place to prevent any confusion or disagreements regarding financial responsibilities. Once a decision is made, the plan can be adjusted accordingly.
- Monetary Award Clause. This should specify the method of calculating the monetary award, state when the monetary award is to be paid, and what happens to the breaching party in the event that the monetary award is not paid. Alternatively, there should be proper language waiving any claim to a monetary award irrevocably.
- Retirement Asset Clauses for each pension and each 401K explaining the formula for dividing each retirement asset, the circumstances for having the Qualified Domestic Relations Order ("QDRO") prepared and the means that the QDRO will be submitted to the court. The application of the Bangs formula pursuant to case law is appropriate in most cases. .
- Vehicles Clause. This establishes who keeps which vehicles, assigns responsibility for refinancing, explains what happens in the event refinancing fails, apportions responsibility for any deficiency, and establishes a protocol for the Motor Vehicles Administration ("MVA") title transfer. The proper vehicle clause will also address any outstanding issues concerning insurance and apportions responsibility in the event the vehicle is not insured as contemplated.Child Custody and Visitation Schedule.
- This part explains who will take care of the kids and when the other parent can visit them. It also addresses holidays, school breaks, and special occasions, ensuring that both parents have ample time with the children. The agreement may also include provisions for communication between the parents regarding the children's well-being and any major decisions that need to be made.
- Property Division Clause. This clause details how the marital property will be divided, including real estate, personal belongings, and financial assets. It may specify who gets to keep the family home, how bank accounts will be divided, and how any debts will be allocated. The goal is to ensure a fair and equitable distribution of assets, taking into account each party's contributions during the marriage.
- Spousal Support Clause. This section addresses whether one spouse will pay alimony to the other, how much will be paid, and for how long. Spousal support can change or stop in certain situations. For example, if the recipient gets married again or if there are significant changes in financial circumstances. The goal is to provide financial stability for the recipient while also considering the paying spouse's ability to meet their obligations.
- By including these key clauses in a divorce agreement, both parties can have a clear understanding of their rights and responsibilities, reducing the likelihood of future disputes and ensuring a smoother transition to post-divorce life.
- Bank Accounts Clause. Typically this will involve dividing whatever remains in joint bank accounts and then providing a deadline for closing all joint bank accounts. Each person's own bank account should be their own property, separate from their spouse's claims.
- Alimony Clause. This either waives alimony or provides indefinite, rehabilitative, or temporary alimony. IIf alimony is provided for in a divorce agreement, it is important for the alimony clause to clearly outline the terms and conditions of the alimony payments. One key consideration is whether the alimony terminates if the spouse receiving alimony remarries. This provision can vary depending on the specific circumstances of the divorce and the preferences of the parties involved.
- Additionally, the alimony clause should specify whether the alimony term and/or amount is modifiable. This means that the terms of the alimony payments can be changed under certain circumstances, such as a change in the financial situation of either party. It is important for the clause to clearly outline the conditions under which modifications can be made, as well as the process for requesting and approving any changes.
- Overall, a well-drafted alimony clause can help prevent misunderstandings and disputes between the parties involved in a divorce, and provide clarity and certainty regarding the terms of the alimony payments. Both parties should carefully read and understand the alimony clause before agreeing to it. They should seek legal advice if needed to protect their rights and interests. Finally, the alimony clause should state whether the alimony is taxable and tax deductible.
- Custody and Child Support. This can incorporate a separate Parenting Plan or fully describe who has legal custody, whether there is any tie-breaker authority, who has physical custody of the minor children, provide an access schedule for both parents for the school year, the summer, and spring break, and whatever holidays are important for each family. The best custody clause will have a dispute-resolution mechanism. To be complete, this section must include the Child Support Guidelines as well as custody and visitation child and parents. Finally, providing for the cost of health insurance for the minor children should be part of the child support section.
- Counsel Fees Clause. The part about lawyer fees should say if both sides had lawyers when making the agreement. It should state who is responsible for counsel fees related to preparing the agreement and who will be responsible for counsel fees in the event that the agreement is dishonored by either party.
- Division of Property in the Marital Home. The division of property in the marital home is best accomplished by lists that are not so specific that they are cumbersome yet leaving little to chance.
- Mutual and General Release. Here, the parties agree there are no other outstanding disputes and differences between them.
Call 410-321-4994 To Meet With Maryland Uncontested Divorce, Child Custody & Family Law Lawyer Amar S. Weisman.
Please Call (410) 321-4994 during business hours to schedule a free consultation for the purpose of deciding whether you want to retain Towson Family Law attorney Amar S. Weisman. The firm does not accept pro bono clients at this time. To retain legal services and advice about the legal process, you must pay a retainer, See Policy on Fees/Costs. This law firm only practices within the specified areas of family law.
The law firm is located in the heart of Towson near The Circuit Court For Baltimore County, Towson Town Center, Goucher College and Towson University, at 1018 Dulaney Valley Road (MD-146), Second Floor Towson, MD 21204.
Amar S. Weisman is a Baltimore County Divorce Lawyer who represents clients throughout the Baltimore area including Aberdeen, Abingdon, Baldwin, Bel Air, Bowleys Quarters, Brooklandville, Carney, Catonsville, Cockeysville, Edgewood, Essex, Garrison, Glen Arm, Greenspring Valley, Homeland, Hunt Valley, Hydes, the Joppa Road Corridor, Kingsville, Long Green, Lutherville, Middle River, Nottingham, Owings Mills, Parkville, Pikesville, Perry Hall, Reisterstown, Riderwood, Rodgers Forge, Rosedale, Ruxton, Sparks, Sparrows Point, Stoneleigh, Timonium, Towson, West Towson, White Hall, White Marsh, and the York Road corridor. We have also represented a number of out-of-state clients. The law firm does not guarantee the results in any matter.
