§ 19-A §851 — Judicial separation

1.
Grounds.
1-A.
Jurisdiction.
The District Court has jurisdiction to enter a separation decree:
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.
3.
Order.
4.
Mediation.
The court shall order the parties to participate in mediation as provided in chapter 3.
5.
Parental rights and responsibilities.
Upon the petition of either spouse, or of the guardian or next friend of one of the parties who may be mentally ill, the court may make an order awarding parental rights and responsibilities with respect to a minor child of the parties in accordance with chapter 55.
6.
Enforcement.
The court may enforce obedience to its orders by appropriate process including remedies provided in chapter 65. Nothing in this section may preclude the court from incarcerating a spouse for nonpayment of child support, spousal support or attorney's fees in violation of a court order to do so.
7.
Marriage settlement or contract not affected.
An action under this section does not invalidate a marriage settlement or contract between the parties.
8.
Orders pending final separation decree.
Pending a final separation decree, the court may:
9.
Spousal support.
The court may:
10.
Disposition of property.
The court may order the disposition of the parties' property in accordance with section 953. Descent of real estate is governed by section 953.
11.
Freedom from restraint and interference.
The court may order either spouse to refrain from imposing any restraint on the personal liberty of the other or interfering with the personal privacy of the other and may order other conditions necessary to ensure the peaceful coexistence of the parties.
12.
Modification and termination of separation decrees.
A separation decree may be modified or is terminated as follows.
13.
Joinder with divorce action.
If a complaint or counterclaim seeking a divorce pursuant to section 901 is filed in an action in which a complaint or counterclaim seeking a separation decree has also been filed, the court shall order the dismissal of the complaint or counterclaim seeking a separation decree if the court grants a divorce.
14.
Inheritance not barred.
A separation decree does not bar the spouses or the issue of the marriage from inheriting.
15.
Fraud.
The court may not grant a judicial separation when the parties seek to procure a judicial separation for fraudulent purposes.

Legislative History

PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 1997, c. 224, §§1-4 (AMD). PL 1997, c. 224, §5 (AFF). PL 1999, c. 634, §1 (AMD). PL 1999, c. 731, §ZZZ27 (AMD). PL 1999, c. 731, §ZZZ42 (AFF). PL 2005, c. 323, §3 (AMD).