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LegalHelper.NET, the owner of this site, is not affiliated and does not claim to be affiliate with either
Legal Helpers, P.C. or the site legalhelpers.com
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Before you start completing your uncontested divorce forms with us, please read all the requirements for Maine divorce.
Make sure that your situation matches all the requirements.
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Requirements for Maine Divorce
(Maine Revised Statutes, Title 19-A)
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RESIDENCY REQUIREMENTS:
A person seeking a divorce may file a complaint for divorce in the District Court if:
- The plaintiff has resided in good faith in this State for 6 months prior to the commencement of the action
- The plaintiff is a resident of this State and the parties were married in this State;
- The plaintiff is a resident of this State and the parties resided in this State when the cause of divorce accrued;
- The defendant is a resident of this State.
(Maine Revised Statutes, Title 19-A, Chapter 29, §901)
The right to file a complaint or bring a petition may not be denied a person for failure to meet a residency requirement if the person is a member of the Armed Forces of the United States on active duty stationed in this State or the spouse of that member or a parent of a child of that member. The member is deemed to be a resident either of the county in which the military installation, or other place at which the member has been stationed, is located or of the county in which the member has so joined.
GROUNDS FOR DIVORCE:
A divorce may be granted for one of the following causes:
- Adultery;
- Impotence;
- Extreme cruelty;
- Utter desertion continued for 3 consecutive years prior to the commencement of the action;
- Gross and confirmed habits of intoxication from the use of liquor or drugs;
- Nonsupport, 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;
- Cruel and abusive treatment;
- Irreconcilable marital differences; or
- A judicial determination has been made that one of the parties is an incapacitated person.
(Maine Revised Statutes, Title 19-A, Chapter 29, §902)
WHERE TO FILE :
The Petition for Dissolution of Marriage is typically filed in the District Court in county in which the filing spouse lives.
SEPARATION AGREEMENT:
Courts in the State of Maine encourage Marital Settlement Agreements.
MEDIATION OR COUNSELING:
Court may order counseling of the parties on any issue of divorce. Mediation is required when there are minor children of the parties. (Maine Revised Statutes, Title 19-A, Chapter 3, §251).
DISPOSITION OF PROPERTY; ASSIGNMENT OF DEBTS:
The court shall set apart to each spouse the spouse’s property and shall divide the marital property in proportions the court considers just after considering all relevant factors, including:
- 1. The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker;
- The value of the property set apart to each spouse; and
- The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live in the home for reasonable periods to the spouse having custody of the children.
(Maine Revised Statutes - Title 19A - Sections: §953)
SPOUSAL SUPPORT:
General support may be awarded to provide financial assistance to a spouse with substantially less income potential than the other spouse so that both spouses can maintain a reasonable standard of living after the divorce. (Maine Revised Statutes, Title 19A, §951-A)
Transitional support may be awarded to provide for a spouse's transitional needs, such as expenses to re-enter workforce, or short-term needs resulting from financial dislocations associated with the dissolution of the marriage. (Maine Revised Statutes, Title 19A, §951-A)
Among factors that courts consider awarding spousal support in Maine are:
- The length of the marriage;
- the ability of each party to pay;
- the age of each party;
- the employment history and employment potential of each party;
- the income history and income potential of each party;
- the education and training of each party;
- the health and disabilities of each party;
- the tax consequences of a spousal support award;
- the contributions of either party as homemaker;
- the contributions of either party to the education or earning potential of the other party;
- the standard of living of the parties during the marriage;
- any other factors the court considers important.
The court may order part of the obligated party's real estate or other property, as well as the rents, profits or income from real estate or other property, to be assigned and set out to the other party for life or for such other period determined to be just. The court may also order the obligated party to maintain life insurance or to otherwise provide security for the payment of spousal support in the event the obligation may survive the obligated party's death.
(Maine Revised Statutes, Title 19A, §951-A)
CHILD SUPPORT:
Before a court determines support of a minor child, the plaintiff and defendant shall exchange, prior to mediation, affidavits regarding income and assets.
After the court or hearing officer determines the annual gross income of both parties, the 2 incomes must be added together to provide a combined annual gross income and applied to the child support table to determine the basic support entitlement for each child. (Maine Revised Statutes, Title 19A, §2006)
There are special circumstances that a court has to consider. To find out more about Maine child support, please go to
Chapter 63: CHILD SUPPORT GUIDELINES HEADING
NAME RESTORATION:
Upon the request of either spouse to change that person's name, the court, when entering judgment for divorce, shall change the name of that spouse to a former name requested or to any other name demanded (Maine Revised Statutes, Title 19A, §1051).
* Related Uncontested Divorce Facts
* Related Uncontested Divorce News
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