Tkatz00 Posted September 9, 2014 Posted September 9, 2014 My husband left the marriage 2 months ago after marrying me 1.5 years ago and just admitted recently that he simply doesn't want to be married any longer. Today, I received a letter in the mail from an attorney indicating that my husband has retained him and that our marriage is over. They are interested in filing a marital separation agreement and are asking if I agree to this for me to have my attorney contact him. I am a tad confused; why did I get a letter like this and not the separation agreement? We're in MD if that matters. I guess I just figured they'd file for the separation agreement and I would receive that. Thanks for any insight on this!
Hardgrind Posted September 9, 2014 Posted September 9, 2014 The attorney who sent you the letter is working for your husband, not for you or the court. From what you describe, they have not filed in court so you may not be legally obliged to respond to the letter. From what I read online, in MD a MSA can be agreed to and become binding without filing it with the Court. This can simplify the divorce proceedings. But you don't want his lawyer to be the only one providing legal advice. Do not respond to anything from that lawyer without getting a lawyer yourself. If you can't afford one, look into what legal services are available that you can tap into. Be careful that you did not give away anything that you are legally entitled to have. If your husband has a lawyer and you don't, and the MSA is not filed through the court, there is a risk that the proposed MSA could not be fair to you and you could be settling for less than the Court would normally judge for you. 1
PegNosePete Posted September 9, 2014 Posted September 9, 2014 Separation agreements are often a waste of time and money if it's going to be followed up by a divorce anyway, better to just go straight for divorce. Other places, an SA is required for a divorce. I'm not sure how it works in MD so you'd be well advised to see an attorney of your own and take advice on this. 1
oldshirt Posted September 9, 2014 Posted September 9, 2014 that is a legal question. There for That is a question for your lawyer. If you don't have one yet, get one yesterday.
Emren Posted September 9, 2014 Posted September 9, 2014 (edited) @Tkatz00 I am so sorry to hear about your marriage. Divorce is always painful, especially with the confusion of finding good legal advice. I have heard that Christian Legal Society can be a good resource. Hang in there, hugs! ~ Emren Edited September 9, 2014 by Emren
d0nnivain Posted September 9, 2014 Posted September 9, 2014 In some states the separation agreement is the contract you both sign agreeing to the division of assets. It's different from an application or complaint for divorce. If you can't agree & there is no separation agreement, then the judge decides who gets what. You most probably got that letter because your STBXH's lawyer wants to open a dialogue about the division of your marital assets.
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