Legal Separation vs. Divorce In Maine
No one ever gets married with the intention of getting divorced. Everyone hopes that their marriage can weather all storms and they will spend the rest of their lives together. Still, divorce is inevitable in some cases as divorce rates in Maine show.
Legal separation is a softer blow, especially when you have children. In Maine, it is also called judicial separation, and it entails dividing up assets and living separate lives. It follows the same procedure as a divorce, in that one will have to file a Maine Agreement of Marital Separation in court and serve their partner with summons and petitions.
However, the separated couple is not rid of each other. They are still married and may not remarry until they officially dissolve the union. However, you may want to remember that the IRS deems a separated couple to be unmarried in Maine, and so you may not enjoy the same perks as long as the process is started.
Some of the reasons why couples in Maine would opt for judicial separation as opposed to divorce include religious beliefs. If one party to the marriage feels it’s wrong to dissolve a union and the other agrees, then they can opt for separation. The other would be in the case of shared health insurance where one of the spouses stands to lose. Another crucial one would be if the couple is not ready for a divorce yet but they need their finances and other obligations to be set apart.
A person filing an Agreement of Marital Separation in Maine needs not have gained residency in the state, but the same cannot be said for divorce. The petitioner is expected to have been a resident of the state for at least 6 months for them to file for divorce. Maine is a no-fault state, and so no spouse is expected to expound on the real reason behind the break-up. “Irreconcilable differences” is the most commonly used term meaning that the marriage is beyond salvage. States adopted the no-fault policy to reduce the hatred fueled by divorce especially when spouses have to relive what has been done to them by the other.
Determinations of the Court
The court will determine issues concerning child support, child custody, allocating marital assets and debts, determining whether joint assets should be sold, and alimony, just like it would for divorce. The agreement does not preclude reconciliation, but two people legally separated can decide to terminate the court order and resume marital relations.
Should you wish to proceed with a legal separation in the state of Maine, we offer templates and online samples of Marital Separation Agreements to make the process that much faster.
Whether you live in Portland, Lewiston, Bangor or any other city of Maine, you can use our legal forms easily.