Residency Requirements for Divorce: Maine
Maine has its own divorce laws regarding who is eligible to file for a divorce. Each state protects its jurisdiction and makes sure the appropriate laws are applied to the appropriate cases. To prevent your case from being dismissed, make sure you meet the Maine residency requirements. The most common mistake people make is believing they must divorce in the state in which they were married. This is simply not true. Most divorce cases throughout the United States are filed in the county in which the filing spouse resides.
Maine Filing Requirements: In order to file for a divorce in Maine, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:
A person seeking a divorce may file a complaint for divorce in the District Court if: A. The plaintiff has resided in good faith in this State for 6 months prior to the commencement of the action; B. The plaintiff is a resident of this State and the parties were married in this State; C. The plaintiff is a resident of this State and the parties resided in this State when the cause of divorce accrued; or D. The defendant is a resident of this State. The divorce may be filed in either county inwhich the parties reside.
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 sojourned. (Maine Revised Statutes - Title 4 - Sections: 155 and Title 19-A - Section 902)
If you discover that you DO NOT meet at least one of the above residency requirements, you can consider the following 4 options:
1. Do not proceed with a divorce and attempt to save your marriage.
2. Establish residency in Maine for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
3. Have your spouse do the filing if he or she meets the necessary residency requirements for Maine.
4. Choose another state in which you or your spouse may meet the residency requirements (all state residency laws are unique, so be sure to check the state in which you were married as a potential option).
- Start Your Maine Divorce Today (5 Great Options!)
- Locate a Maine Divorce Professional Near You
- Read More About Maine Divorce Laws
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