Q: My husband and I just moved from NC to Maine. We have lived in Maine two weeks. Where do I file for legal separation?
We lived in NC for 4.5 years. We just moved to Maine (and have been here only a couple of weeks). However, it looks like we can't file for separation or divorce in Maine until we've lived in Maine for 6 months. Do we have to file in NC? I don't want to stay with him for the next 6 months, until we are allowed to file in Maine. How do I begin either the legal separation process, or divorce process? Which state do we need to file with? Thank you!
A: Actually, there is no 6-month minimum for a judicial separation as there is with divorce. The only requirement other than being married is that you plan on living apart or have already lived apart for 60 consecutive days. The other differences between divorce and legal separation are pretty nuanced. You should ask a family lawyer directly!
If you want to straight-up get divorced, you will have better luck with NC, but even that might not really work if you both now live here in ME.
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