Maine Divorce Laws

Navigating divorce laws in Maine can be complicated. This article will walk you through some of the most widely applicable Maine divorce laws as you consider whether to file for dissolution of marriage. We’ll provide an overview of local divorce requirements, the preliminary steps for divorce in Maine, how assets may be divided, child custody factors, and more.

While we cannot provide legal advice, our goal is to ensure you get some of your biggest questions about contested or uncontested dissolution of marriage answered. Going through a divorce is difficult enough without having to decipher complex statutes in the meantime. Feel free to use the information below as a starting point on your journey toward a better understanding of divorce laws in Maine.

Maine Divorce Requirements

There are several key requirements under Maine’s divorce laws that spouses need to pay special attention to in order to file successfully.

Some of these preconditions for dissolution of marriage in Maine include:

  • Residency Requirements: At least one spouse must have physically lived in Maine for at least 6 months before filing for divorce here. There are some exceptions if the grounds for divorce occurred while a non-resident was visiting Maine.
  • Waiting Period: The state of Maine divorce laws mandate a waiting period of 60 days from the start of the proceedings before the divorce can become final. This “cooling off” period aims to give spouses a chance for reconciliation.
  • Filing the Right Forms: Certain dissolution of marriage forms must be accurately filled out and filed by strict deadlines throughout the proceedings. Common forms include a Complaint for Divorce, a Family and Probate Matters Summary Sheet, and a Social Security Number Confidential Disclosure Form, among plenty of others.
  • Information Collection: Spouses must collect detailed information on income, expenses, assets, debts, tax returns, insurance policies, retirement accounts, and anything else classified as marital property or relevant to child support calculations. Missing or inaccurate financial information can delay proceedings.
  • Attending Hearings: Both spouses typically must attend all court-ordered hearings. Missing a court hearing can negatively impact the case.
  • Following Court Orders: Any temporary or final orders around asset division, spousal/child support, custody matters, or other directives must be properly followed. Violating an order can lead to sanctions by the court.

Additional details on these and other Maine divorce requirements can be found in ME ST T. 19-A § 901-1051. While the uncontested dissolution of marriage may be relatively easy, consulting with an attorney in contested cases is advisable.

What Are the Divorce Laws in Maine?

The key Maine divorce laws establish the grounds, processes, timelines, and requirements related to the dissolution of marriage.

If you wonder what are the divorce laws in Maine, we have outlined the most noteworthy of them below.

Grounds for Divorce

Maine recognizes no-fault and fault-based divorce grounds under ME ST T. 19-A § 902.

The only no-fault reason is irreconcilable differences that don’t require spouses to blame one another and are easier to prove and process.

Fault-based grounds allege one spouse caused the marriage breakdown, which requires providing evidence to back up the claims. They include:

  • Cruelty;
  • Adultery;
  • Impotence;
  • Abandonment for over 3 years;
  • Alcohol or drug abuse;
  • Nonsupport;
  • Incapacity.

Division of Property

Under ME ST T. 19-A § 953, marital property is divided equitably between spouses. This fair division is done by evaluating each party’s contributions, income, employment, earning potential, and other factors, while separate property is left with the owner. The court is guided by the “equitable distribution” principles, which does not mean an automatic 50/50 split.

Spousal Support

Per ME ST T. 19-A § 951-A, the court may order either spouse to pay reasonable spousal support to the other upon showing financial needs. Eligibility, type, method, amount, and duration of payments are determined based on a range of factors, including both parties’ needs and abilities.

Child Custody

According to ME ST T. 19-A § 1653, custody is decided based on the child’s best interest, considering factors like age, relationship with parents, safety, etc. Joint or sole custody arrangements may be ordered.

Child Support

The court utilizes child support guidelines and worksheets to determine an appropriate amount per ME ST T. 19-A § 2006. Parents’ total income and number of children are factored in.

Other Maine divorce laws may touch upon allowable procedures, required dissolution of marriage forms, and specifications for uncontested dissolution of marriage. Checking the applicable divorce laws in Maine before you go through the process can help ensure you’re protecting your rights and going for a fair and favorable outcome.

FAQ

Maine’s divorce laws cover 6-month residency requirements, fault and no-fault grounds, a 60-day waiting period, equitable division of assets, spousal support, and child custody, and are defined in ME ST T. 19-A § 901-1051.

Yes, Maine allows fault-based divorce on grounds like adultery, impotence, abuse, or desertion. However, no-fault divorces are also permitted.

Maine equitably divides marital property based on income, contributions, employment potential, etc. The split is based on what is fair but not necessarily equal.

Divorce laws in Maine do not provide for any mandatory separation period before you can file for divorce.

Yes, Maine allows marriage annulments on grounds like bigamy, fraud, force, physical incapacity, or mental illness at the time of marriage.

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