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Maine Divorce Facts

When going through a divorce in in Maine, it's helpful to have some key information. Below you will find some of the most important facts everyone getting a divorce in the state of Maine should know. The facts listed here are only a selected few of the more comprehensive set of Maine Divorce Laws available for your reference. Remember, every state's law is different, and if you're not sure about a law in your state, you should ask a qualified Maine Divorce Professional.

  • In order to file for divorce in the state of Maine, the plaintiff must have lived in Maine for at least six months prior to the petition, the plaintiff has lived in Maine and was married in the state, the plaintiff lives in the state and the reasons for divorce occurred in Maine, or the defendant lives in the state.
  • Maine requires the petitioner to list the grounds for divorce in the divorce petition. Fault grounds include adultery, impotence, extreme cruelty, desertion, drug and alcohol abuse, failure of one spouse to support the other adequately, confinement in a mental institution for at least seven years prior to action, and abuse.
  • A spouse can also file based on irreconcilable differences and the court can order counseling if the non-filing spouse argues against this claim.
  • State law does not require a witness to confirm grounds if the defendant does not contest the allegations.
  • The easiest way to get a divorce in Maine is when the divorce is uncontested, which means that both spouses mutually agree to dissolve the marriage. An uncontested divorce is a no-fault divorce where both spouses agree that the marriage is broken due to irreconcilable differences, not the fault of any party. The procedure in Maine is straightforward and usually conducted with minimal complications, if any. Follow the directions carefully, and the whole divorce process should only take around 90 days to complete.
  • When a couple seeking divorce has minor children, the court can order an investigation by a third party to gather information about the circumstances of the divorce, the parents and the children. This report will go to the court no later than three days before the hearing. Interested parties can request the testimony of the investigator. The couple incurs costs of all or part of the investigation if for any other reason than suspected abuse or neglect.
  • Maine distributes property equitably, but this does not necessarily mean equally. The court takes several factors into account including the length of the marriage, each spouse's contribution to the property and economic circumstances among other things. Property acquired after a legal separation, gifted or inherited property, and any property a spouse may have had provisions for beforehand, is not included.

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