Seeking free Maine petition for judicial separation form

[Escondi]

What is the name of your state (only U.S. law)? ME/NY--see below

My husband and I were married for more than 20 years and lived together as a couple in ME. 13 years ago I left. I now live in NY.
I am trying to decide whether to pursue a divorce or a legal separation.

I've found a helpful do-it-yourself divorce packet for Maine, but very little about how to file for legal separation; I do know that I need to file a petition for judicial separation as well as working with him on a separation agreement, and that I must file in his county in ME rather than filing where I live now. I called the county court and was told that I should consult an attorney because the separation agreement and the petition for judicial separation required specific legal language.

I don't have much money and prefer a non-adversarial approach. My husband and I are willing to separate or divorce without taking each other to court over financial settlements, and the kids are grown; I think we could handle this without attorneys if I could just find the necessary legal language for the petition. (I've seen the separation agreement forms on RocketLawyer...) I just can't seem to find that language online. Any advice would be greatly appreciated.

 

[single317dad]

First place to try is the self-help section of your local courthouse or library.

 

[Escondi]

Thank you for the suggestion. The difficulty is that I am in New York but need to file for separation in Maine, so my local courthouse and library are not likely to have the applicable statutes.

I just realized that most of my original post had somehow gotten deleted and did not appear here, so I retyped it. I apologize for the lack of clarity.

 

[TheGeekess]

Thank you for the suggestion. The difficulty is that I am in New York but need to file for separation in Maine, so my local courthouse and library are not likely to have the applicable statutes.

Did you look up the court system you will be using to see if they have a website online?

 

[Escondi]

Did you look up the court system you will be using to see if they have a website online?

Yes, I did--thank you; I found plenty of information about filing for divorce, much less about legal separation. I thought I had explained that in my original post, but now I see that the content of that post was deleted when i tried to put it up, leaving only the title. I've restored the explanation above.

 

[wavehopper27]

If nothing has been filed yet, I believe you can file for divorce in NY since you are a resident there.

 

[Escondi]

If nothing has been filed yet, I believe you can file for divorce in NY since you are a resident there.

Thank you, I think I could file for divorce in NY, but not for separation:

§851. JUDICIAL SEPARATION
2. Place of filing. The person may file a petition for judicial separation in the county or judicial division
in which either of the parties lives, except that if the petitioner has left the county or judicial division in
which the parties lived together and the respondent still lives in that county or judicial division, the petitioner
must file the petition in that county or judicial division. Notice must be given as the Maine Rules of Civil
Procedure provide.

My husband still lives in the house in ME where we lived together as a couple.

 

[wavehopper27]

Thank you, I think I could file for divorce in NY, but not for separation:

§851. JUDICIAL SEPARATION
2. Place of filing. The person may file a petition for judicial separation in the county or judicial division
in which either of the parties lives, except that if the petitioner has left the county or judicial division in
which the parties lived together and the respondent still lives in that county or judicial division, the petitioner
must file the petition in that county or judicial division. Notice must be given as the Maine Rules of Civil
Procedure provide.

My husband still lives in the house in ME where we lived together as a couple.

That's true for Maine residents. You are a resident of NY so I think the NY laws apply for you.

 

[LdiJ]

Thank you, I think I could file for divorce in NY, but not for separation:

§851. JUDICIAL SEPARATION
2. Place of filing. The person may file a petition for judicial separation in the county or judicial division
in which either of the parties lives, except that if the petitioner has left the county or judicial division in
which the parties lived together and the respondent still lives in that county or judicial division, the petitioner
must file the petition in that county or judicial division. Notice must be given as the Maine Rules of Civil
Procedure provide.

My husband still lives in the house in ME where we lived together as a couple.

Why do you feel that a separation is better for you than a divorce? Particularly when you have already been physically separated from each other for so long?

 

[Escondi]

I think it might be easier for me to get an uncontested separation than an uncontested divorce given my husband's views. Neither of us is looking to remarry, and separation would address our financial issues.