An Overview of Legal Separation in Maine
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Legal separation in Maine is also known as Judgment of Separate Maintenance or Judicial Separation. The statute of Maine defines legal separation as a legal action regarding the responsibilities of marital issues when the couple is legally separated but remains legally married.
Maine is a state which recognizes the provision and documentation for legal separation and it is issued by the family court. The procedure is same as divorce process but in the end the couple is still legally married and cannot remarry. Only their status changes from married to legally separated.
The residency requirement for filing for legal separation in Maine is 6 months before the date of filing. At least one spouse must have resided in the state for 6 months. In Maine, legal separation is the process which begins just like a divorce process by filing the petition. After the petition is filed, the court encourages the couple to reach a settlement agreement regarding the childcare issues, property division and other issues pertaining to marriage.
Separation Agreement in Maine:
A separation agreement in Maine is a settlement agreement, which a couple formulates mutually by making decisions regarding the marital issues, which need to be sorted out once the couple decides to separate.
The couple is supposed to make arrangements for child custody, parental rights such as visitation, support payments, property division such as the custody of family home, vacation home, any other real estate or other assets that may be acquired by the couple during their marriage.
In cases where the couple cannot reach a mutual settlement, the court can issue Temporary Separation Orders regarding these marital issues.
Even after judgment of separate maintenance is granted, the option of reconciliation is open and the couple has to dismiss the judgment after they reconcile. In the state of Maine, separation is not a pre-requisite for divorce. It can be considered as a trial separation and a time to cool one's head off before taking the big decision of filing for divorce.
Grounds for Legal Separation in Maine:
The process of legal separation in Maine being similar to the divorce process in Maine, the grounds are similar to divorce. These grounds are as follows:
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