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It depends on who is named on the mortgage. This is called joint and several liability. You are both responsible and liable for paying the mortgage. That doesnt mean you are both liable for half each though if one person doesnt pay their share, the other can still be held responsible for the whole mortgage.
Disadvantages of Legal Separation Legal separation typically does not entitle you to your spouses assets, whereas a divorce would force a division of current assets. Cant Remarry: You may heal and be ready for a future relationship given enough time. A legally separated person cannot marry a new person in the U.S.
If you and your spouse resume living together as a couple after signing a separation agreement, the law permits the court to void the agreement. However, if your separation agreement includes a reconciliation provision that says it will remain in effect after reconciliation, the court will honor it.
Legal separations are called judicial separations in the Maine courts. They are handled by the Family Division of the District Court. You can apply for judicial separation if you and your spouse have lived separately continuously for at least 60 days.
Protecting Your Money in a Divorce Hire an experienced divorce attorney. Ideally, this person will emphasize mediation or collaborative divorce over litigation. Open accounts in your name only. Sort out mortgage and rent payments. Be prepared to share retirement accounts.
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In California, the law sees any assets attained during the marriage as community property. This categorization includes stock options and other investments. Community property is subject to equal distribution during divorce.
In general, it is almost impossible to overturn an agreement after its already signed. There are certain situations where an addendum can be drafted that modifies the original agreement, and those can completely take the place of the first agreement. But theres a catch the opposing party will have to agree to sign.
There are no rigid rules regarding how assets are divided in a divorce and the law has to be flexible to apply to each case. The Court has wide discretion. There will not necessarily be a 50/50 split of the assets in every case and an equal division of assets may be appropriate in some cases but not in others.
Maine law requires a minimum 60-day waiting period between the filing of all the necessary divorce paperwork and the final hearing.
Property received in exchange for property owned prior to marriage or in exchange for property received by gift or inheritance is not considered marital property. Property acquired after there has been a decree of legal separation is not considered to be marital property.

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