Your Potomac Property Settlement Lawyers
Separating from your spouse isn’t easy, no matter your reasons for doing so. The emotional impact can be hard enough as it is, and litigation can often add extra stress to the situation and be quite costly. Fortunately, there is a solution for those looking to avoid the strain of litigation in the Potomac, MD area.
A Marital Settlement Agreement can take care of all issues caused by separation and help you pursue an uncontested divorce in the future. At Andalman & Flynn, we have years of experience in all aspects of family law and are committed to helping you resolve your marital issues to pave the way for a better future. For legal assistance with property settlements in Potomac, contact us for a consultation.
Potomac, MD Marital Settlement Agreements
A Marital Settlement Agreement can resolve all issues between divorcing or separating spouses in Potomac, including:
- Property Division
- Division of Debts
- Health Insurance
- Disposition of the Marital Home
- Pension Plans
- Tax Issues
- Future Dispute Settlement
- Child Custody
- Child Support
FREQUENTLY ASKED QUESTIONS (FAQs)
What Is a Marital Separation and Property Settlement Agreement?
A Marital Separation Agreement, also known as a property settlement agreement, is a written contract between you and your spouse that:
- Divides your property;
- Spells out your rights;
- And settles problems you have with each other.
The agreements are a way for the spouses to reach a resolution without court interference. If you have a Marital Settlement Agreement in Potomac, your divorce pleadings will be simpler, and it will be clear to the court that you have an uncontested divorce.
What Is a Child Custody and Support Agreement?
A child custody and child support agreement can also be incorporated into a Marital Settlement Agreement in Potomac, MD. This type of agreement allows the parties to decide what is in the best interests of their children without a judge. The agreement can also stand alone if the parents are not married. It can be reached before one parent moves out of the home or after litigation has ensued; it all depends on when, or if, the parties want to reach an agreement. Having children together, whether married or not, binds parents together for the remainder of their lives, and reaching an agreement on these issues can help you successfully co-parent in the future.
When Can a Marital Settlement Agreement Be Executed?
In Potomac, MD, a marital settlement agreement can be executed at the following times:
- Before the parties separate and while still residing together
- After the parties separate, before a divorce action is filed
- After one or both spouses have filed for divorce
The benefit of executing an agreement before filing in court is that it allows the parties to negotiate without incurring litigation expenses, saving you both money.
Why Is a Marital Settlement Agreement Important?
Entering into a Marital Settlement Agreement allows the parties to save money by not having to enter into formal litigation, which includes discovery (a very costly and timely aspect of litigation), to:
- Establish how you will resolve future disputes together and provide for the future governance of your relationship
- Have a clearly defined contract that leaves no doubt about the details of ending your marital relationship
- Allow for the parties to have clear boundaries and assist each of you in lessening the emotional feelings that may be holding you back
Do I Have to File a Marital Settlement Agreement with the Court?
You do not have to file your Marital Settlement Agreement with the court for it to be effective. However, if you get divorced, you should have the agreement “incorporated, but not merged” into the divorce decree so that any future disputes can be heard and decided by the court. “Incorporated but not merged” means the agreement serves as an independent contract, and either party can sue in another court (such as small claims court) to enforce a provision. Yet by the agreement being “merged” into the divorce decree, a spouse can also seek contempt if enforcement becomes necessary.
Do Courts Review the Fairness of a Marital Property Settlement Agreement in Potomac, MD?
In an uncontested divorce, the court nearly always approves the agreement of the parties if it is generally fair and if the court believes that property settlements were entered into by both spouses without fraud or coercion. If child support is involved, the court will consider the child support guidelines and ensure that payments are incorporated into the final order.
Negotiating a Marital Settlement Agreement in the Potomac, MD Area
If you are looking to negotiate a Marital Settlement Agreement in Potomac or a surrounding city in Maryland, you should have legal representation. Experienced marital settlement lawyers will help to ensure you are entering into a legally binding agreement and that your interests are protected. Your attorney should provide you with advice on how a court is likely to:
- Divide your property;
- Award child custody and support;
- Handle your retirement benefits;
- And deal with other issues.
If you live in the Potomac, MD area, the property settlement lawyers at Andalman & Flynn will be happy to offer you assistance. We have experience in all aspects of family law and can help you get your Marital Settlement Agreement straightened out so that your interests, and that of your children, are protected. To schedule your consultation, contact us today.