Divorce rate observed in this state is 3.9% per 1,000 of the population which is deemed controllable. Maine has maintained family law based on no-fault and fault divorce grounds for granting divorce.
Maine state advices that divorce case that is filed under fault grounds, must declare the grounds in which the divorce is to be granted. These grounds must be validated with proof or else the divorce court may dismiss the case.
Annulment in Maine is not the preferred option by its citizen. For many people divorce is the right option because with annulment you are not liable for any reward, whereas in divorce such awards could be availed. Maine State local divorce attorneys and lawyers and other divorce professionals, can help you with your separation and divorce process.
Divorce Grounds in Maine
Maine has one of the eight highest divorce rates in the states of US. Divorce grounds for filing divorce in Maine are:
No-Fault Divorce Grounds in Maine
Following are the no-fault divorce grounds in Maine:
Irreconcilable differences have an adverse affect on marriages. If you and your spouse have differences which cannot be reconciled i.e. like difference in natures or lifestyles, you and your spouse can file for divorce under this no-fault divorce ground in Maine.
Fault Divorce Grounds in Maine
Fault divorce grounds in Maine are:
Adultery is a fault divorce ground in Maine. If your spouse is cheating on you, you can claim divorce.
If impotency in your spouse affecting your marriage, you can seek divorce under this divorce ground in Maine.
Verbal or physical torture is a lawful divorce ground in Maine. You do not have to put up with domestic violence, you are entitled to claim divorce in such a situation.
If you have been deserted by your spouse for a period of 3 years or more, you can obtain a divorce decree under this divorce ground in Maine.
Habitual intoxication of drugs or liquor like opium, cocaine or morphine is not considered is one of the major divorce grounds in Maine.
You can obtain a divorce using this divorce ground in Maine if your spouse has been institutionlized for a period of 7 years or more.
“When one spouse has sufficient ability to provide for the other spouse and grossly, wantonly or cruelly refuses or neglects to provide suitable maintenance for the complaining spouse.” In case you are in a situation like this, you can go for divorce under this divorce ground in Maine.
Contact a professional divorce attorney or divorce lawyer for detailed information regarding divorce grounds in Maine.
Maine Divorce Laws
Maine has following divorce laws:
According to Maine divorce laws, a person can file a complaint for divorce after meeting the residency requirements of the state only:
- The plaintiff has resided in good faith in this State for 6 months prior to the commencement of the action, or
- The plaintiff is a resident of Maine and the parties were married in the State, or
- The plaintiff is a resident of this State and the parties resided in this State when the cause of divorce accrued, or
- The defendant is a resident of this State. The divorce may be filed in the county in which the parties reside
If the petitioner is found residing in the state being a member of the US army, his request should not be denied even if s/he does not meet the residency requirement.
Documents Required for Filing Divorce
Under the Maine divorce laws, the essential documents for finalizing the divorce process include:
- Complaint for Divorce
- Judgment of Divorce
These documents are also usually filed:
- Confidential Family Matter Summary Sheet
- Affidavit Concerning Child Custody
- Financial Statement
- Entry of Appearance
- Marital Settlement Agreement.
Distribution of Property
As Maine is an “equitable distribution” state, according to Maine divorce laws, the distribution of property is on equal (fair) basis. If the spouses are unable to reach a settlement, the divorce court will announce its own decision.
Change of Name or Restoration of Name
Maine divorce law allows both the spouses to take up the pre-marriage names if s/he requests for it.
When final verdict of divorce is about to be announced, one party asserts that there are irreconcilable marital differences and the opposing party contradicts that claim, the divorce court orders both the spouses to receive counseling by a qualified professional counselor. The counselor may be selected by court or by the choice of either party.
According to Maine divorce laws, court awards alimony by referring each and every case individually. When divorce is finalized, the court may grant an order if it finds that the spouse seeking maintenance doesn’t possess any property and require financial support.
Child custody is an issue to be solved by parents. If they fail to do so, the court shall make an award of child custody that shall apply the standard of the best interest of the child. In making decisions regarding the child’s residence and parent-child contact, the court shall consider primarily the safety and well-being of the child.
According to Maine divorce laws, child support guidelines are based on the Income Shares Model.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information in your state.
Maine Annulment Laws
Annulment is a legal decree nullifying the validity of a marriage. As compared to divorce, annulment is hard to prove and difficult to get. To help the couples with filing for annulment, government of Maine has tailored Maine annulment laws. You can file for annulment in Maine, if you have one of the following grounds:
If your spouse misrepresented him or herself to obtain your consent for marriage, you can bail out by filing for annulment under Maine annulment laws.
According to Maine annulment laws, you are entitled to annulment if your spouse is mentally incapacitated.
Consanguinity is a marital relationship between full-blood or half-blood relatives i.e. marriage with a natural parent, child, grandparent, grandchild, uncle, aunt, nephew, niece, stepparent, stepchild, adoptive parent, adoptive child, brother, half brother sister. Consanguinity is a valid ground for annulment under Maine annulment laws.
According to Maine annulment laws, marriages between spouses younger than the legal marriageable age can be annulled.
Impotency is a valid annulment ground according to Maine annulment laws. You can obtain annulment if your spouse is impotent.
Maine Divorce Laws- Frequently Asked Questions
- How long it takes to get divorced in Maine?
The whole Maine divorce process takes about six months after filing a petition in the court for a divorce. Contested divorces may take longer.
- What kinds of issues a divorce may bring?
Following are the issues which must be resolved in order to get a Maine divorce: * Property division * Parental rights and responsibilities * Spousal support * Distribution of assets and liabilities * Lawyer’s fee
- Can I represent myself in the court?
Maine divorce laws give you the right to represent yourself in the court. But if you are unfamiliar with the court proceedings or if the divorce is contested, then it is recommended to acquire the services of a divorce lawyer, because a divorce lawyer is well versed when it comes to court’s proceedings and intricacies of divorce laws.
- What is marital property?
Marital property is the assets acquired by either of the spouses during the marriage. Gift items and property purchased after a legal separation will not be included in the marital property.
- What are the residency restrictions for a Maine divorce?
Under Maine divorce laws, at least one of the spouses must be a legal resident of Maine to file a divorce and the minimum residency period for a Maine divorce is 6 months.
- How is property divided in Maine?
Maine is an equitable distribution state and due to this the marital property is divided among the parties in an equal or specified proportion. However the property purchased separately by a spouse during or after the marriage will not be divided.
- Do mothers get preference when it comes to settling child custody issue?
Maine divorce laws take in account child’s best interests when settling child custody issue. Gender of a parent is not the deciding factor.
- What is joint and sole custody?
The court considers many factors like, age of the child, motivation of the parties or love and affection in declaring the child custody. The Maine divorce court grants two types of custodies i.e. sole custody and joint custody. In sole custody, only one spouse has the custody of the child while the other one is granted only the visitation rights. Whereas joint custody is one in which both the spouses will be responsible for making decisions about the education, health and other necessities of the child.
- What are the factors taken in account for deciding alimony?
Maine divorce laws require divorce courts to take in account following factors when deciding alimony: * Age of both the parties * Earning capacity * Length of marriage * Employment history * Education and training of the spouses.
- Me and my spouse both lives in Maine, can we hire the same divorce lawyer?
Under Maine divorce laws, one divorce lawyer can represent only one spouse at a time in the court.