Maine Divorce Laws

Not all marriages work out. If you’re contemplating divorce, you should familiarize yourself with Maine divorce laws. You won’t be able to file your complaint for divorce unless you meet the State of Maine’s legal requirements.

Understanding how the divorce process in Maine works makes things easier for you. For example, how do the district courts handle such issues as alimony, child custody, and equitable distribution of marital property?

The good news is that we will discuss these issues here. We also offer a chart that breaks down Maine divorce laws for you.

Legal Requirements for Maine Divorce

You must meet the state’s residency requirements to file for divorce in Maine. There are several ways to meet the residency requirement.

According to Maine law, you must be a resident of Maine for at least six months before filing for divorce. You may also file if your spouse is a resident, or if you are a resident and you were married in Maine. If you are a resident and resided in Maine when the cause of divorce happened, you may also file in Maine.

You can prove residency with your driver’s license, mortgage statement, rental agreement, or other documents that include your address.

You must also abide by the state’s waiting period. The Maine courts cannot issue your final divorce decree for at least 60 days from the filing date. Once the court issues your final divorce decree, there is no required waiting period if you intend to remarry.

No-Fault Divorce Cases vs. Fault-Based Divorce in Maine

All states recognize no-fault divorce. This wasn’t always the case. Today, if you file for divorce in Maine, you don’t have to cite specific grounds for divorce. According to Title 19-A Section 902, you must only certify that you and your spouse are experiencing irreconcilable differences.

Irreconcilable marital differences mean you and your spouse don’t get along as a married couple anymore. If the other party denies the allegation that there are irreconcilable differences, the court may continue the case and direct the parties to undergo marital counseling before finalizing the divorce.

Just because Maine recognizes no-fault divorce doesn’t mean you can’t cite specific grounds for divorce in your divorce complaint.

According to Title 19-A Section 902, the State of Maine recognizes the following fault-based grounds for divorce:

• Adultery
• Impotence
• Extreme cruelty
• Utter desertion for three consecutive years
• Gross and confirmed habit of intoxication (alcohol or drugs)
• Cruel and abusive treatment
• Failure or refusal to support the other spouse despite having the ability or means to do so
• Mental incapacity necessitating the need for a guardian to be appointed

If you cite any of these grounds, your Maine divorce lawyer must submit proof that your spouse behaved in the manner you allege in your complaint.

Uncontested Divorce vs. Contested Divorce

Once you decide to file a fault-based or no-fault divorce, you must decide whether to file a contested or uncontested divorce case. Ideally, you and your spouse will agree to the terms of divorce. You can submit a copy of your divorce settlement agreement for the judge’s approval if you do.

Once the judge approves your agreement, they’ll hold your final hearing. At this hearing, the judge will finalize your divorce action.

You'll file a contested divorce action if you and your spouse disagree on material divorce terms. These divorce cases take much longer to resolve. Your family law attorney will try to negotiate a property settlement agreement with your spouse’s lawyer. If not, the judge will decide these issues for you.

The issues you and your spouse may disagree on during divorce proceedings include:

• Alimony/Spousal support
• Parental rights and responsibilities
• Child custody (for minor children)
• Child support
• Determining whether property is marital property vs. separate property
• Division of marital assets and debts

Once your case goes to trial, these decisions will be in the hands of the judge. You won’t have a say in their disposition.

Child Custody and Child Support for Minor Children

When determining child custody, the courts only care about the child's best interests. Maine law presumes that both parties are joint natural guardians of their minor children. The courts agree that both parents should have a say in their child’s lives and welfare. If custody is contested both parents receive equal consideration. Neither has an advantage over the other.

Regarding physical custody, the courts look to see which party was primarily responsible for the children’s care during the marriage and assess the current living arrangements of the children. They’ll also consider other factors, such as:

• The ability and willingness of each parent to encourage contact between the child and the other parent
• Stability of each party's living arrangements
• The child's adjustment to their current home, community, and school
• Relationships between the parents and children
• Age of the children
• Any history of domestic violence or child abuse
• The child's wishes if they are old or mature enough to express a preference

Whichever parent gets primary physical custody will also receive child support. The courts use the state’s child support guidelines when calculating the amount of support.

What Does Maine Law Say About Alimony?

You’re never guaranteed alimony in a divorce. The courts will consider many factors when determining if either party deserves spousal support.

The courts consider the following factors when determining alimony:

• Length of the marriage
• Age and health of both parties
• Tax consequences as it pertains to both spousal support and division of property
• Standard of living during the marriage
• Training and education of each party
• Income and employment history of the parties

If you receive alimony, your spouse can move to terminate support upon the event of your death, cohabitation, or remarriage.

Maine Courts and Equitable Distribution of Marital Property

Maine is not a community property state. The courts apply principles of equitable distribution when dividing marital debts and assets. The judge will divide marital property in a way they see as fair and equitable.

Some of the types of property that are subject to distribution include:

• Real estate
• Personal property (cars, artwork, jewelry, etc.)
• Retirement accounts
• Bank accounts
• Pensions
• Family pets

Most couples’ divorce attorneys work together to divide these assets. This way, you have some control over who gets what.

Maine Divorce Laws: The Basics

No matter where you divorce, you must meet the state's legal requirements to file for divorce.

The table below outlines the basics of Maine's divorce laws.

Note: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult an attorney or conduct legal research to verify your state's laws.

Learn How Maine Divorce Laws Affect Your Case: Speak With an Attorney

There are a lot of moving parts to a divorce, especially if there are child custody matters to sort out. On top of it all, it's often an emotionally difficult time for all parties involved. The best way to protect your interests and ensure the best possible outcome is to work with a divorce lawyer.

Get started today by discussing your situation with an experienced divorce attorney in Maine.

Research the Law

• Maine Law
• Official State Codes

Maine Divorce Laws: Related Resources

• How to Divorce
• Help Getting a Divorce
• Maine Judicial Branch: Divorce (Information & Forms)