Maine State Divorce Law

Maine requires those filing a Complaint for Divorce in Family Court to live in the state for 6 months prior to beginning a divorce action.

Maine Grounds for Divorce

Maine is a mixed state, meaning residents can file for either a no-fault or a fault-based divorce in the state.

Uncontested Divorce in Maine

Maine requires that an uncontested divorce have no-fault grounds, and each party must submit an affidavit that they are not seeking alimony or attorney’s fees, that neither owns real estate, and that all property has been divided in a satisfactory way.

Contested Divorce in Maine

If there are disputes over any elements of the divorce, the parties will contest those elements in court. It is generally in the best interests of both parties to retain divorce attorneys to represent them effectively.

Annulment in Maine

There are some marriages that should never occur. In the case of an illegal marriage, one of the partners may file for an annulment if they can prove one of the following grounds:

• Fraud
• Mental incapacitation
• Consanguinity, or marriage to a blood relative
• Underage marriage, under 18 without marital consent, under 16 even with parental consent
• Impotency

No Fault Divorce in Maine

A no-fault divorce can be filed only if there are irreconcilable marital differences between the parties.

Maine Fault Divorce

A fault-based divorce in Maine can be filed for a number of reasons:

• Adultery
• Impotence
• Extreme cruelty
• Desertion for at least 3 years
• Habitual drug or alcohol use
• Non-support, when one party has the ability to provide it and refuses to do so
• Mental illness, requiring medical attention, lasting at least 7 years

Maine Divorce and Child Custody

Child Custody Laws

Main specifies that the courts will consider a number of elements when awarding child custody:

• The child’s age
• The child’s relationship with the parents, siblings, and others who may affect the best interests of the child
• The child’s wishes
• The child’s past and current standard of living and the importance of maintaining it
• The motivation and ability of both parties to encourage positive and frequent contact with the other party
• The ability of the parents to work together for the best interests of the child
• The effect of a proposed sole custody arrangement on the child
• Any evidence of domestic or child abuse
• For children under the age of 1, whether they are breast-feeding

Child Alimony

Maine determines child support for either or both parents without consideration of any marital fault. Such support may include paying for insurance coverage. Maine utilizes the official Child Support Guidelines except when there is evidence that that amount is unfair or inappropriate, or when:

• The non-custodial parent provides over 30% of the child’s residential care
• There are more than 6 children receiving support
• Child, spousal, and property division are being determined at the same time
• The child’s financial resources
• The parents’ financial needs and assets
• The child’s standard of living if the divorce had not occurred
• The child’s physical, emotional, and education needs
• The economic conditions of the day
• Any income either parent receives from a new spouse
• Child support payments to the offspring of other marriages
• Either parent’s non-income producing assets of over $10,000
• The age of the children receiving support
• The child’s transportation costs

Maine uses the Income Share Model to calculate support estimates, as well as Child Support Worksheets.

Maine Divorce Spousal Support

Maine considers a number of factors when determining if, and how much, child support should be awarded:

• The length of the marriage
• The ability of the parties to pay support
• The parties’ ages
• The parties’ employment history and potential
• The parties’ income history and potential
• The parties’ education
• The parties’ retirement and health benefits
• The tax implications of the property award and any potential spousal support
• The parties’ health and disabilities
• The contributions of a homemaker
• The contributions of one party to the education or training of the other
• Either party’s dissipation of assets
• The marital standard of living
• The potential for the dependent party becoming independent

Lump Sum Alimony

Determined at the discretion of the court.

Permanent Alimony

Determined at the discretion of the court

Temporary Spousal Support

Determined at the discretion of the court

Rehabilitative Alimony

Determined at the discretion of the court

Military Divorce in Maine

Spouses in the military are protected by Maine law in several ways:

• Divorce papers must be service to the recipient personally
• If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
• Proceedings may be postponed throughout the party’s service and up to 60 days after
• Direct payment of retirement pay is provided to spouses married 10 years or longer
• Child support is not to exceed 60% of serviceperson’s pay and allowances

Help From A Maine Divorce Lawyer?

While divorce laws differ by state, every state has the mandate to ensure that the rights of the parties involved are protected. However, with the complexity of modern legislation, unless the divorce is a no-fault procedure, it is unlikely that the parties can handle the procedure without the help of skilled divorce attorneys. They know the state laws, the local court system, and the steps to negotiating or litigating a winning divorce claim.

Thinking About Divorce?

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Want to Learn More?

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Nolo's Essential Guide to Divorce

Divorce Without Court

Retirement Accounts in Divorce

Divorce & Money

A Judge's Guide To Divorce

Temporary Custody &

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