Want to get divorced in the Maine? Find out the residency requirements, procedures, and what to expect regarding property division, alimony, child custody, and support.
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by Edward A. Haman, Esq.
Edward A. Haman is a freelance writer, who is the author of numerous self-help legal books. He has practiced law in H...
Updated on: March 13, 2023 · 6 min read
Maine divorce law and procedure is similar to that of most other states. A divorce for any married couple will accomplish two things: (1) severing the marital relationship, and (2) dividing assets and debts. If they have been married for a significant length of time and one of them will be unable to be self-supporting after the divorce, the issue of alimony may also arise. If there are minor children, they will also need to resolve issues of child custody, visitation, and support.
Residency and where to file
To file for divorce in Maine, you must meet one of the following requirements: (1) you (as the plaintiff) have been a resident of Maine for at least six months, (2) you are a resident and were married in Maine, (3) you are a resident and you and your spouse were residents at the time the cause for divorce occurred, or (4) your spouse (the defendant) is a resident. You will file in the District Court in the county where either you or your spouse lives. However, your spouse may have the case transferred to Superior Court.
Procedures
The most simple procedure is for an uncontested divorce. This is where you and your spouse reach an agreement about the division of property, and what arrangements will be made for any children. You begin the procedure by preparing a Complaint for Divorce, along with various other supporting documents. For an uncontested divorce, one of these documents will be a marital settlement agreement outlining the division of assets (and your agreement regarding any children). These documents are filed with the court, and copies of them are provided to your spouse. You will attend a court hearing, at which time the judge will make sure that all of your paperwork is in order, perhaps ask you a few questions, and enter your Judgment of Divorce.
Grounds for divorce
Grounds for divorce are legally recognized reasons to get a divorce, and sever the marital relationship. Maine, like most states, has what is commonly called a no-fault ground for divorce, and several traditional fault-based grounds.
To get a no-fault divorce in Maine you need to state in the Complaint for Divorce that “the parties have irreconcilable marital differences.”
There are also numerous fault-based grounds for divorce: adultery, impotence, extreme cruelty, desertion for three years, alcoholism or drug addiction, nonsupport by a spouse capable of support, cruel and abusive treatment, and mental incapacity (if determined by a court and a guardian has been appointed). However, in most cases, there is no reason to use any of these, since they add complexity to the case by requiring proof.
Property division
Generally, you will be able to keep any nonmarital property, which is property:
All other property is marital property. In the absence of an agreement, the court will divide the marital property “in proportions the court considers just” after considering the following factors:
Alimony in Maine
Alimony is called spousal support in Maine, which may be general support (to help a spouse with less income potential maintain a reasonable standard of living; it is usually not awarded for marriages of less than 10 years, and not for more than 1/2 the length of the marriage if less than 20 years; transitional support (for a spouse’s needs associated with the divorce, including vocational training and education); reimbursement support (for exceptional circumstances, such as economic misconduct, or contributions to the spouse’s education or occupation); and nominal support (a small amount, preserving the authority to grant future spousal support).
Absent an agreement between the parties, the judge will consider the following factors:
Child custody in Maine
Maine child custody laws provide that the court must approve an agreement of the parties for custody, unless “there is substantial evidence that it should not be ordered.” Absent an agreement, the judge will determine custody after considering the following factors:
Child support in Maine
Child support is determined by the Maine Child Support Guidelines that may be found on the state government’s website.
Miscellaneous matters
If either party denies there are irreconcilable differences, the judge may continue the case and require both parties to receive counseling. As part of the Judgment, either party may have their name changed to any name they wish.
If you are considering an online divorce, LegalZoom can help you get the divorce documents you need. We help you fill out the paperwork and check it for completeness and accuracy, and provide step-by-step instructions for filing and completing your divorce.
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