I started practicing law before there were computers or an Internet.  Now we send drafts of agreements to our clients by email.

There is a provision in most separation agreements in which the wife waives her dower rights and the husband waives his curtesy rights.

Almost always the client’s automatic spell checker will say the word “curtesy” in the waiver section should be spelled “courtesy”, and the client will bring this to the lawyer’s attention.

Neither the client nor the spell checker can be blamed, for lawyers speak in arcane and ancient code words that have their roots in olde English, French and Roman law.

Curtesy is the life estate a man inherits, under the common law, on the death of his wife in her real estate, provided they have a child.

Dower is the life estate a woman inherits, under the common law, on the death of her husband in his real estate, provided they have a child.

The judge has be certain of the proof before a divorce can be granted in Maryland.  In fact the law requires that the testimony of the plaintiff be corroborated by other evidence.

Section 7-101 of the Family Law Article states: “A court may not enter a decree of divorce on the uncorroborated testimony of the party who is seeking the divorce.”

That’s why we ask you to bring a copy of your marriage certificate and a witness to your uncontested divorce hearing.

The marriage certificate is corroborating evidence of your marriage.  If you don’t have a copy, you can also corroborate your marriage with the testimony of a witness who was present at the wedding.

The witness can corroborate residency, custody, the date of separation and that the separation was voluntary on the part of both parties for the year prior to filing the complaint, the usual grounds for uncontested divorce in Maryland.

Voluntary separation can also be corroborated by a Separation Agreement if (1) it states that the spouses voluntarily agreed to separate, and (2) it is executed under oath (i.e., notarized) before the divorce complaint is filed.  Section 8-104 of the Family Law Article.