Maine Divorce Laws
In Maine, the one who files for divorce is the plaintiff. To file for a divorce in Maine, the residency requirements are one of the following: the plaintiff has lived in Maine for six months prior to the divorce; the plaintiff is a resident and the parties were married in Maine; the plaintiff is a resident and the parties lived in Maine when the cause(s) of the divorce commenced; or the defendant is a resident of Maine. The initial paperwork is titled the Complaint for Divorce, and the final document is the Judgment of Divorce. Divorce proceedings take place in the district court of the county where either party resides.
If either party believes that the marriage is reconcilable, the court may require some type of counseling or mediation. A legal separation may also be requested by either party prior to filing for divorce.
Maine recognizes premarital agreements that are validly signed by both parties prior to marriage. Common subjects of premarital agreements include property division or spousal support.
Either party may request a name change after the divorce is final.
Grounds for Divorce
A no fault divorce in Maine can be granted based upon irreconcilable marital differences. A fault divorce can be caused by one of the following: adultery; extreme cruelty or abuse; impotence; desertion for a lengthy period; routine intoxication by drugs or alcohol; mental illness for a lengthy period of time, often involving institutionalization; or the failure of one party to support the other despite having the means to do so.
Property
Maine adheres to the equitable distribution of property rule. Separate property may be considered exempt from division and may remain with the party who originally acquired it. Separate property includes any inheritance or property gained after a legal separation. Marital property will be divided based upon these factors: the contribution of each spouse during the marriage to the acquisition of property, including finances and homemaking; the value of the property; the desire for the custodial parent to retain the family home; and the economic circumstances of each party at the time of the divorce.
Maine Divorce Laws & Alimony
Maine categorizes spousal support into categories, including:
General support – generally not awarded if the parties have not been married for a certain amount of time
Transitional support – awarded if one party needs financial help after the divorce to move, reenter the work force, seek job training, or pursue further education
Reimbursement support – awarded for exceptional circumstance to balance out the dissolution of the financial relationship; examples include economic misconduct by one spouse or the substantial contributions by one spouse towards the education of the other
Nominal support – minimal support granted for the purpose of reserving the court’s right to adjust support in the future
Interim support – paid to one support during separation
In all circumstances of alimony, the court will consider the following: length of the marriage and the standard of living established; age and health of both spouses; financial resources of both parties; work history, job skills, and income potential; tax consequences of the property division; contributions of each spouse to the marriage, including income, homemaking, and child care; any economic misconduct by either party; and the ability of the party seeking alimony to provide for him or herself after the divorce.
Maine Divorce Laws & Child Custody
Maine considers the age of the child and the relationship he or she has with each parent when considering custody. The court will not discriminate based upon the sex of the child or parent. The child may state their living preference if they are mature enough to do so. The court will also consider: the ability of each parent to care for the child; the living situation of the child and their adjustment to school and community; the emotional and financial stability of each parent; the willingness of the parents to communicate about the child; and any history of family violence.
Maine Divorce Laws & Child Support
Both parents are responsible for contributing to the needs of the child. Maine uses the Income Shares Model to calculate child support. The incomes of both parents are calculated and a percentage is applied to each parent with regards to payment. The court can require one parent to provide health and/or dental insurance for the child if affordable insurance is available. The court will consider the financial resources of each parent, other financial obligations, and the reasonable needs of the child. Child support payments will cease when the child turns 18 or marries.
