Kendall Summers Attorney at Law



When a married couple is moving toward divorce, the question of how to separate becomes very important. In Maryland there is no formal filing that has to be made for a separation to begin. One of the grounds for obtaining a divorce in Maryland is that a married couple live separate and apart without cohabitation continuously for one year. The separation begins when the couple actually separates, meaning usually when one party moves from the marital home. It is a mistake to believe that just moving into another bedroom in the same house satisfies the legal burden of separation. These is a great deal of case law on the issue of separation, and while it might be possible for parties to live in the same house with separate apartments, including separate kitchens, laundries and so forth, there is some risk that a Court would not find that to be living separate and apart without cohabitation. Once one spouse moves out of the family home and sets up a living arrangement in a separate residence, this generally is the scenario that satisfies the requirements of Maryland Law.

When both spouses in a marriage agree to pursue separation and divorce, they can either before or during the separation try to cooperatively work out an agreement, usually called a “Voluntary Separation and Property Settlement Agreement.” If the parties are cooperative in their separation, it is a good time to seek out help from an attorney/mediator or collaborative style attorney who can help work out an agreement without raising conflict. Whether cooperative or conflicted, parties who are aware that there marriage is breaking down to the point of separation, should contact and see a family law attorney who can guide them through the landscape of separation and divorce. Your attorney should be a resource for you. At The Law Office of Kendall Summers we provide personal and informative legal consultations to our client’s considering separation or whose spouse is considering separation. We have a wide range of resources, from accountants to therapists to help you make good decisions through the challenges of this chapter.

When the break-up of a marriage bringing about separation is not cooperative, the need for legal counsel is heightened. There are many things to consider in a marriage separation including many areas of financial and other vulnerability that should be discussed with a divorce attorney. For example, accounts that are held jointly with your spouse could be subject to dissolution by your spouse. At the Law Office of Kendall Summers, we meet with our clients who are going through or thinking about separation to understand their legal rights and to guide them into good decision-making to protect their financial assets and future. There are many ways to approach separation, and we discuss alternatives with our clients to develop the best plan for their needs and situation.

Are you considering Separation or in the midst of a Separation, if so you need a Separation and Divorce Lawyer!

Call The Law Office of Kendall Summers to obtain experienced and knowledgeable legal counsel about separation and divorce in Maryland. Our attorneys will listen to your specific case and give you personal legal advice.