One of the most common sources of confusion for people facing marital conflict in Maryland is the legal terminology. Terms like separation, divorce, litigation, mediation, and settlement are used interchangeably, yet each has a distinct legal meaning and very different consequences. Understanding these differences is essential before making decisions that affect your finances, your children, and your legal rights.
This article explains how these and other terms work in Maryland family law and how they often intersect in your case.
1. What “Separation” Means in Maryland
Unlike some states, Maryland does not have a formal legal status called “legal separation.” In Maryland, separation simply means that spouses are living “separate and apart”, with the intent that the marital relationship has ended. Separation can occur:
- In different residences, or,
- In the same home, if the spouses live independently (often referred to as “separation under the same roof”).
Separation is legally significant because it may:
- Serve as a prerequisite for certain divorce grounds,
- Impact custody and child support arrangements,
- Suggest a date for the division of property in the context of a settlement.
However, separation alone does not end the marriage, divide property, or create enforceable financial obligations unless a court order or agreement exists.
2. Divorce: Absolute vs. Limited Divorce
Maryland only recognizes one type of divorce, an Absolute Divorce. An absolute divorce permanently dissolves the marriage. Once granted, spouses are legally single and free to remarry.
An absolute divorce judgment may address:
- Custody and parenting time
- Child support
- Alimony
- Division of marital property
- Allocation of marital debt
Most people seeking a divorce ultimately pursue an absolute divorce, even if they begin with separation or negotiations.
Prior to the State of Maryland’s legislative change to the grounds for divorce, a limited divorce existed as a “legal separation” whereby temporary orders could be entered to deal with custody, financial support, or use and possession of the family home. Now, limited divorce is no longer a feature of Maryland law.
3. Agreements: Separation Agreements and Settlement Agreements
Many Maryland divorce cases are resolved through written agreements, rather than a contested trial. A separation or marital settlement agreement is a contract between spouses that may address:
- Property division,
- Support obligations,
- Custody and parenting schedules,
- Responsibility for expenses,
- Future dispute resolution.
These agreements can be:
- Executed before a divorce is filed,
- Incorporated into a divorce judgment,
- Enforced as contracts or court orders.
Agreements offer several advantages:
- Greater control over outcomes,
- Reduced cost and emotional strain,
- Privacy (as opposed to public court proceedings).
However, poorly drafted agreements can create long-term problems. Once incorporated into a judgment, modifying them can be difficult.
4. Litigation: When the Court Decides
Litigation occurs when spouses cannot reach agreement and ask the court to decide contested issues. Litigated cases will often include all issues arising out of the marriage. Litigation occurs when one of the spouses files a Complaint for Absolute Divorce with the Court in the county in which you reside. The Complaint may ask the Court for any number of points of relief, including:
- Custody and parenting time,
- Child support or alimony,
- Valuation and division of assets,
- A monetary award,
- Attorneys’ fees.
Because litigation is the formal process of contesting your divorce in the Court, the process includes the common aspects of the court process, such as:
- Pleadings and motions,
- Discovery (financial disclosures, subpoenas, depositions),
- Hearings and trial,
- Judicial rulings based on evidence and testimony.
While litigation is sometimes necessary, particularly in high-conflict or high-asset cases, it is often more expensive, time-consuming, and unpredictable than negotiated resolutions.
Notably, when a case enters the phase of litigation, this does not prevent people from deciding to settle their case and avoiding the continuation of litigation. In fact, a settlement of a case remains possible until the proverbial gavel is dropped by the presiding Judge during a final trial in a case.
5. How These Concepts Work Together in Real Cases
In practice, most Maryland family law cases involve acombination of these elements:
- A couple separates,
- Negotiates some issues by agreement,
- Litigates the left over/most contentious issues,
- Ultimately obtains an absolute divorce.
There is no single “right” path. The appropriate approach depends on:
- The level of conflict,
- Financial complexity,
- Safety concerns,
- Whether children are involved,
- Each party’s willingness to negotiate in good faith.
It is critically important to not compare your case to a family or friend’s prior case. While divorce cases can often follow a similar path, each family’s unique set of facts and emotions make each and every case distinct.
6. Why Legal Guidance Matters Early
Misunderstanding these family law terms can lead to costly mistakes, such as assuming separation alone provides legal protection or signing an agreement without understanding its long-term implications. Speaking with a Maryland family law attorney early can help you:
- Understand your options,
- Choose the right process for your situation,
- Avoid unnecessary litigation,
- Protect your financial and parental rights.
Final Thoughts
Separation, divorce, agreements, and litigation are tools, not outcomes. Knowing how they differ and how they interact allows you to make informed and strategic decisions during what will inevitably prove to be one of the most difficult periods of time in your life. If you are considering separation or divorce, a consultation can help clarify next steps and put you on a path that aligns with your goals.
