Divorce Laws in Maine

Maine Divorce Laws

The divorce rate in Maine is relatively low, at 3.9% per 1,000 of the population, and the state has established family law that recognizes both no-fault and fault divorce grounds. Annulment is not the preferred option for many citizens since it doesn’t provide any awards; divorce lawyers and other divorce professionals can help to navigate the separation process.

Grounds for Divorce

A no fault divorce in Maine can be granted based upon irreconcilable marital differences. A fault divorce, however, can be caused by adultery, extreme cruelty or abuse, impotence, desertion for a lengthy period of time, routine intoxication by drugs or alcohol, mental illness for a lengthy period of time, or the failure of one party to support the other despite having the means to do so.

Property

Maine follows the equitable distribution of property rule. This means that separate property, such as any inheritance or property gained after a legal separation, may be exempt from division and remain with the party who originally acquired it. Marital property, on the other hand, will be divided based upon a number of factors, including the contribution of each spouse during the marriage to the acquisition of property, 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.

Name Change After Divorce

Either party may request a name change after the divorce is finalized. Additionally, premarital agreements may be recognized in Maine, as long as they are validly signed by both parties prior to marriage and cover common topics such as property division or spousal support.

Maine Divorce Laws & Alimony

When couples decide to end their marriage in Maine, alimony payments may be part of the process. There are different types of spousal support in the state, including:

• General Support: This is usually not granted if the parties have not been married for a certain amount of time.
• Transitional Support: This is awarded to help one party move, reenter the workforce, seek job training, or pursue further education after the divorce.
• Reimbursement Support: This type of support is given in exceptional circumstances to help balance out the dissolution of the financial relationship. This could include economic misconduct by one spouse or one spouse’s contribution towards the education of the other.
• Nominal Support: This is minimal support given with the intention of reserving the court’s right to adjust support in the future.
• Interim Support: This is paid to one spouse during the separation period.

When deciding whether to award alimony, the court will take into account factors such as:

• The length of the marriage and the established standard of living
• The age and health of both spouses
• The financial resources of both parties
• Work history, job skills, and income potential
• Tax consequences of the property division
• Each spouse’s contributions to the marriage, including income, homemaking, and child care
• Any economic misconduct by either party
• The ability of the party seeking alimony to provide for him or herself after the divorce

Maine Divorce Laws & Child Custody

When determining child custody in Maine, the court will consider the age of the child and the relationship they have with each parent. The child may also be given the opportunity to state their preferred living situation if they are mature enough to do so.

In addition, the court will take into account other factors such as:

• 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
• Any history of family violence

Maine Divorce Laws & Child Support

Maine considers both parents responsible for contributing to the needs of the child. The state uses the Income Shares Model to calculate child support, which takes into account the incomes of both parents.

The court may also require one parent to provide health and/or dental insurance for the child if it is affordable. Additionally, the court will consider the financial resources of each parent, other financial obligations, and the reasonable needs of the child when deciding child support.

Child support payments will typically cease when the child turns 18 or marries.

Maine Divorce Laws: The FAQs

Divorce is a complex legal process, and it’s important to understand the specifics of your state’s laws before you decide to move forward with the proceedings. Maine divorce laws have been established to ensure a fair and equitable process. We’ve put together a list of the answers to the most frequently asked questions about Maine divorce laws to help you better understand the process.

How long does it take to get divorced in Maine?

The entire process of a divorce in Maine typically takes about six months from the time the petition is filed in court. Of course, contested divorces may take longer.

What kinds of issues must be resolved in a divorce?

Maine divorce laws dictate that the following issues must be resolved in order to get a divorce:

• Property division
• Parental rights and responsibilities
• Spousal support
• Distribution of assets and liabilities
• Lawyer’s fees

Can I represent myself in court?

Maine divorce laws do allow you to represent yourself in court. However, if you are unfamiliar with court proceedings or if the divorce is contested, it’s highly recommended that you acquire the services of a divorce lawyer. A divorce lawyer is well-versed in the intricacies of divorce laws and court proceedings, and can help ensure that your rights are protected throughout the process.

What is considered marital property?

Marital property is any asset that was acquired by either spouse during the marriage. Gifts, or property purchased after legal separation, are not considered marital property.

What are the residency restrictions for a Maine divorce?

At least one of the spouses must be a legal resident of Maine to file for a divorce. The residency requirement is six months.

How is property divided in Maine?

Maine is an equitable distribution state, which means that marital property is divided among the parties in an equal or specified proportion. Property that was purchased separately by a spouse during or after the marriage is not divided.

Do mothers get preference in settling child custody issues?

Maine divorce laws focus on the best interests of the child when settling child custody issues. The gender of the parent is not a deciding factor.

What is the difference between joint and sole custody?

The court considers several factors, such as the age of the child, the motivation of the parties, and the love and affection between them, when deciding child custody. Maine divorce courts grant two types of custody: sole custody and joint custody. Sole custody grants one spouse custody of the child, while the other is granted visitation rights. Joint custody requires both spouses to share responsibility for making decisions about the child’s education, health, and other necessities.

What factors are taken into account when deciding alimony?

Maine divorce laws require the court to take the following factors into account when deciding alimony:

• Age of both parties
• Earning capacity
• Length of the marriage
• Employment history
• Educational and training background of the spouses

If my spouse and I both live in Maine, can we hire the same divorce lawyer?

Maine divorce laws prohibit a divorce lawyer from representing both parties in court. So even if you and your spouse both live in Maine, you’ll need to hire separate lawyers.