Maine Divorce Information
and FAQ
A divorce may be granted in the State of Maine based upon the
following grounds:
1. Adultery 2. Impotence 3. Extreme cruelty 4. Utter desertion
for a period of three consecutive years immediately prior to the
commencement of the action 5. Nonsupport 6. Cruel and abusive
treatment 7. Mental illness and confinement to a mental institution
for a period of seven years. 8. Irreconcilable differences.
Irreconcilable differences is the no-fault grounds for divorce in
the State of Maine. MRSA 19A-902
Residency Requirements Maine requires that at least one of the
parties to the action for divorce be a resident of the state or, the
plaintiff must have in good faith resided in Maine for a period of
at least six months prior to the filing of the complaint. MRSA
19A-901
Name of court and title of action/parties An action for divorce
filed in the State of Maine is filed in the District Court. The
title of the action initiating the divorce is a Complaint for
Divorce, while the title of the action granting the divorce is
referred to as the Judgment of Divorce. The party who is filing the
action for divorce is called the Plaintiff, while the other spouse
is referred to as the Defendant. MRSA 19A-902 Legal Separation A
judgment of legal separation may be granted upon the petition of one
of the parties to a marriage, or upon a joint petition filed by both
spouses when the party or parties live or desire to live separate
and apart from their spouse for a period of at least sixty
consecutive days. MRSA 19A-851
Alimony There are several types of alimony that may be awarded in
Maine. Among them are:
General support- General support may be awarded to provide
financial assistance to a spouse who has substantially less income
than the other spouse so that both spouses may maintain a reasonable
standard of living after the divorce. There is a rebuttable
presumption that general support may not be awarded if the spouses
were married for less than ten years as of the date of filing for
divorce.
Transitional support- Transitional support is typically awarded
to provide for a spouse’s transitional needs, such as the
short-term needs resulting from financial setbacks resulting from
the divorce or for re-entry into the work force.
Reimbursement support- Reimbursement support is awarded to
achieve an equitable result in the dissolution of the parties’
financial relationship.
Nominal support- Nominal support is awarded to preserve the
court’s authority to grant support in the future.
Interim support- Interim support may be awarded to provide for a
spouse’s separate needs pending the action for divorce.
Some of the factors the court will consider in determining an
award of support include:
1. The length of the marriage 2. The ability of each party to pay
3. The age of each party 4. The employment history of each spouse 5.
The income history and income potential of each spouse 6. The
education and training of each spouse 7. Any other factor the court
considers appropriate.
The court may order that a support award be paid in either lump
sum or in installments, and an award of support will terminate upon
the death of either the payor or payee spouse unless provided for
otherwise in the judgment of divorce. MRSA 19A-951
Distribution of Property The State of Maine is an equitable
distribution state. In the absence of a valid property settlement
agreement, upon entry of the final decree of divorce the court shall
set aside to each spouse that party’s separate property and
distribute all other property between the parties in a manner that
the court determines is equitable, just and reasonable after
considering the following factors: 1. The contribution of each
spouse to the acquisition of the marital property, including the
contribution of a spouse as a homemaker. 2. The value of the
property set aside to each spouse. 3. The economic circumstances of
each spouse at the time the division of property is to take effect.
MRSA 19A-953
Child Custody The court shall determine custody of minor children
of the marriage based upon the best interests of the child. Some of
the factors used to determine the best interests of the child
include:
1. The age of the child 2. The relationship of the child with the
child’s parents and any other person who may significantly affect
the child’s welfare 3. The preference of the child, if old enough
to express one 4. The duration and adequacy of the child’s current
living arrangements and the desirability of maintaining continuity
5. The stability of any proposed living arrangement 6. The
motivation of the parties involved and their capacity to give the
child love, affection and guidance 7. The child’s adjustment to
the present home, school and community 8. The capacity of each
parent to allow and encourage frequent and continuing contact
between the child and other parent 9. The capacity of each parent to
cooperate of to learn to cooperate in child care 10. Any other
relevant factor.
The court shall not apply a preference for one parent over the
other based upon gender or age of the parties. In any custody
proceeding, the court may order each parent to submit a parenting
plan detailing each parent’s proposals regarding issues such as
the child’s residence, support, visitation, education and medical
and dental care, among others. MRSA 19A-1501
Mediation If the divorce action is contested, the court shall
require the parties to attend parenting classes. In addition, if one
spouse denies that there are irreconcilable differences in the
marriage, the court may require that both parties receive
counseling. Furthermore, the court on its own motion may order
mediation at any time. MRSA 19A-251, 902 Child Support The State of
Maine has established child support guidelines which establish a
presumptively correct amount of child support to be paid. The court
may deviate form these guidelines upon a finding that the
application of the guidelines would result in an inequitable or
unjust result. Some of the criteria that the court may use to
justify a deviation form the child support guidelines include:
1. The non-primary parent is in fact providing residential care
for the child for more than 30% of the time on an annual basis 2.
The number of children for whom support is due is greater than six
3. The interrelationship between the child support award, the
division of property, and alimony 4. The financial resources of each
child 5. The financial resources and needs of each party 6. The
standard of living the child would have enjoyed had the relationship
continued 7. The physical and emotional needs of each child 8. The
educational needs of each child 9. Inflation 10. Available income
Any proposed agreement which deviates from the guidelines must be
reviewed by the court to determine whether the proposal is in
substantial compliance with the guidelines and whether it is
justified and appropriate. MRSA 19A-2001-2009
Name Change Upon request of either spouse, the court may change
that person’s name to a former name or any other name requested.
MRSA 19A-1051
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