Marital Domestic Separation and Property Settlement Agreement Minor Children no Joint Property or Debts where Divorce Action Filed - Maine 2025

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The court will divide your property equitably, which means fairly, based upon the specific circumstances of your family. Equitable division of marital property does not necessarily mean that property will be divided equally. Equitable division also does not necessarily depend upon which spouse paid for things.
Many spouses with similar incomes split assets 50/50 and forgo spousal support. Spouses with uneven incomes typically try to make things equitable through asset division and several years of spousal support. Parents settling a divorce generally agree to use their state child support calculation.
All property acquired by one or both spouses becomes marital property during a marriage. In a divorce or legal separation, the marital property belongs to both spouses. They must divide it fairly. Maine divorce courts divide property regardless of the name on the title.
With a legal separation, at the end of the process, you are still legally married. You are free to date, relocate, and do all the things that an unmarried person does except marrying someone else. That is the fundamental difference between divorce and judicial separation.
There is no law that says the person who wants the divorce must be the person to leave. In fact, neither person is compelled to leave unless a court orders it. My advice, if you dont want to be around each other anymore, is to discuss what to do.
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