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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