If you are considering a legal separation in Maryland, it’s essential to understand how it works. Legal separation allows spouses to live apart without ending their marriage.
What is a legal separation?
In Maryland, legal separation addresses marital issues but does not dissolve the marriage. Couples can live separately while resolving matters related to finances, children, or alimony. Legal separation can also serve as a temporary step before divorce.
What are the benefits of a legal separation?
One of the primary benefits of legal separation is maintaining certain legal rights, such as health insurance and joint tax benefits, which you would lose in a divorce. Additionally, it provides a way to manage important matters, such as custody or alimony, without ending the marriage.
How does it differ from divorce?
While legal separation allows spouses to live apart from one another, divorce completely ends the marriage. A divorce terminates all marital rights, including sharing health insurance or filing joint tax returns. Legal separation, however, preserves certain benefits and keeps the marriage intact for legal purposes.
What is required to file for a legal separation?
To file for legal separation, one spouse must petition for a “decree of limited divorce.” The court will review the case and address critical issues, such as property division and child support, without dissolving the marriage. Mediation or counseling may also be part of the process.
Legal separation lets you address critical issues without ending your marriage, offering a structured path for those who are not yet ready to divorce.