Can we prepare our own separation agreement?

Question: You have a great site! Hopefully women can ask a question also. I would like to know if my husband and I can prepare our own separation agreement & if a kit is suitable if we agree on custody, division of property, etc. We both want what is best for our children & we have agreed among ourselves to a 50/50 custody arrangement. What is the process to filing a separation agreement? My husband would like to remain in our home & I would like to purchase a new home but I want the separation agreement prepared prior to looking. Also, what is the process after the agreement has been filed with the courthouse?

We would prefer to remain in the same school district and alternate one week on - one week off. When my husband consulted a lawyer, he was informed that NO judge would approve an arrangement like that because of inconsistency for the children. He's a very good father & I am not trying to take the children away from him. How can we persuade a judge to accept our arrangement?

Answer: I cannot answer you question specifically to the laws of Maryland as I am not licensed in that State. Generally, with regard to the process, one party (I will you use you in the example as the petitioner) will file a Petition for Dissolution and two copies (often a proposed parenting plan, vital statistic form for the State and financial statement for income/expenses and for property are also filed); the Petition and accompanying documents are given to your husband and he signs an Entry and Waiver of Service (if not proceeding in an amicable fashion the documents would be served by a sheriff or process server); your husband would then file an Answer; after a required waiting period (usually 30 days) from service or waiver of service you can submit the settlement documents. You can draft your own settlement agreement. However, there are a large number of factors that I suggest be considered and would be overlooked by a layman or even a kit such as the tax consequences of a divorce. Further some jurisdictions will require a short non-contested hearing if there are children. If no hearing is required you would each need to sign notarized affidavits.
In most jurisdictions you can find attorneys that have settled divorce practices. Basically they will "represent" one party, draft the petition, help with the financial statements, parenting plan and draft the settlement agreement. The cost can be as low as $500 plus the filing fee. Even though the attorney would not negotiate for you, you
With regard to the parenting plan, a week to week schedule is very common. The only question that any judge that I appear in front of with that type of schedule would be if the child was very young and not on formula. I personally prefer a joint physical schedule where wife gets monday to Wednesday morning, father gets Wednesday to Friday morning and the weekend from Friday to monday morning is rotated. Give each party two consecutive weeks in the summer for vacations and split the holidays.

Return to Search Page