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If couples can come together to agree on the terms of their legal separation, they can create their own Separation Agreement. If they can't agree, they may have to obtain an agreement by filing for separation and having a trial.
What is Non-Marital Property in Maine? Non-marital property is property that was owned by one spouse before the marriage took place. In some cases, it can also be gifts or inheritances received by one spouse during the marriage. Non-marital property can include property written explicitly into a prenuptial agreement.
In Maine, adultery is a ground for a fault-based divorce. This means that if you or your partner was unfaithful during marriage, that fact can be used to press a petition for divorce.
You can apply for judicial separation if you and your spouse have lived separately continuously for at least 60 days. You can either file a motion for judicial separation together with your spouse or alone. The first step after you file will be to meet with a family law magistrate.
No-fault divorces are recognized by the State of Maine. One party must allege that the marriage is "irretrievably broken". This is commonly known as "irreconcilable differences" and means that the two parties no longer get along.
Maine has an equitable distribution or common law system of marital property, which is true for the majority of states. Under this system, marital property isn't automatically assumed to be owned by both spouses and therefore should be divided equally at divorce.
You can be considered separated from your spouse even if you still live in the same house. But you might have to prove to a court that you've actually separated if: you've ended your relationship, but.