Legal Separation and Annulment in Maine
Whether Maine offers legal separation, how it differs from divorce, and the grounds for an annulment.
Short answer: Yes. The District Court can enter a judicial separation decree on the petition of a married person, or a joint petition of both spouses, who live apart or want to live apart for more than 60 continuous days. 19-A M.R.S. § 851
| Legal separation | Yes. The District Court can enter a judicial separation decree on the petition of a married person, or a joint petition of both spouses, who live apart or want to live apart for more than 60 continuous days. The court must order mediation and may decide parental rights, child support, spousal support and property division in the separation case. Source: 19-A M.R.S. § 851 |
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| Annulment | When the validity of a marriage is doubted, either spouse may file a complaint for annulment, and the court annuls or affirms the marriage based on the evidence. Marriages that are void in Maine include marriages between close relatives, a marriage where either party already had a living spouse, a marriage where a party failed to submit proof that a prior marriage ended or lied about the number of prior marriages, and marriages entered out of state to evade Maine's prohibitions. A person under full guardianship may not marry without the guardian's approval. The court may also decide parental rights and change a spouse's name in an annulment. Prohibited marriages: https://legislature.maine.gov/statutes/19-A/title19-Asec701.html Source: 19-A M.R.S. §§ 701, 752 |
Where to get help in Maine
More Maine divorce & family law
- Getting a Marriage License in Maine
- Adopting a Child in Maine
- Guardianship of a Child or Adult in Maine
- Establishing Paternity in Maine
- Changing Your Name in Maine
- Child Custody Laws in Maine
- How Child Support Is Calculated in Maine
- Divorce Records in Maine
- Alimony and Spousal Support in Maine
- How to File for Divorce in Maine
- All Maine divorce & family law rules
FAQ
Can you get a legal separation in Maine?
Yes. The District Court can enter a judicial separation decree on the petition of a married person, or a joint petition of both spouses, who live apart or want to live apart for more than 60 continuous days. The court must order mediation and may decide parental rights, child support, spousal support and property division in the separation case.
What are the grounds for annulment in Maine?
When the validity of a marriage is doubted, either spouse may file a complaint for annulment, and the court annuls or affirms the marriage based on the evidence. Marriages that are void in Maine include marriages between close relatives, a marriage where either party already had a living spouse, a marriage where a party failed to submit proof that a prior marriage ended or lied about the number of prior marriages, and marriages entered out of state to evade Maine's prohibitions. A person under full guardianship may not marry without the guardian's approval. The court may also decide parental rights and change a spouse's name in an annulment.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.