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During contested divorce litigation, in the phase of discovery, the parties will have to disclose all of their assets, whether or not they believe they are marital or non-marital. In addition, the parties' bank accounts and finances will also be exchanged. The parties may choose to enter into a final marital settlement agreement without disclosing their assets to each other, however, such a choice will be voluntary. It is important to have the advice and counsel of an experienced divorce attorney before entering into any marital settlement agreement.
In Maryland, there is no such thing as a legal separation: the closest thing to a legal separation is obtaining a limited divorce. A limited divorce addresses some issues such as temporary alimony, child support, use and possession of the marital home and custody and access, however, marital property claims will need to be addressed at the final divorce. An absolute divorce is a final and permanent dissolution of a marriage, allowing the parties to remarry. At the absolute divorce trial, if not resolved by the parties, the court will divide up the parties' marital property and address all issues with regard to the parties' marriage; including, but not limited to: alimony, child support, custody, visitation, division of real and personal property and retirement rights.
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