There are generally two ways to resolve issues that arise in a divorce in Maryland. One is by agreement and the other is to let the court decide. Where possible it is preferred to resolve your issues by agreement. The benefits include controlling, to the extent possible, the outcome of your divorce and it is considerably less expensive than litigating the issues before the court. In the last week I have received several telephone calls from persons, that I was not representing, who have entered into separation agreements and almost immediately had second thoughts about the agreement and wanted to attack the agreement and set it aside. There are several ways to attack an agreement. However I will mention immediately that it is very difficult to attack an agreement and win. Some of the grounds available to attack an agreement include: duress and undue influence, lack of consideration, unjust or in equitable agreement, oppressiveness which shocks the conscience of the court, mutual misunderstanding, improper counseling, material fraud, negligent misrepresentation, and injustice and inequity.
If you have questions regarding your divorce, a separation agreement, or any other matter involving divorce in Maryland please feel free to call me at 1-888-760-7339.
Tuesday, August 24, 2010
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Reaching a settlement with your soon-to-be-ex will make the divorce process much more efficient, but it is difficult to actually talk to your spouse without getting too emotional at this stage. Spouses should control their feelings if they want to settle their divorces in a safe manner.
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