Divorce Law Basics in the State of Maine

Also See: Maine Marriage Laws

Statute: Maine State Divorce Code (Title 19-A, Part 2, Chapter 29): janus.state.me.us

No-Fault Grounds: Irreconcilable marital differences

At-Fault Grounds:

• Adultery
• Impotence
• Extreme cruelty
• Desertion for three consecutive years prior to filing
• Gross habit of intoxication by liquor or drugs
• Failure to provide
• Cruel and abusive treatment
• Confinement in an institution due to mental illness for at least seven consecutive years prior to filing

Residency: Filing party must have been a resident continuously for 6 months or more prior to filing.

Legal Separation Recognized? Yes. Parties must have (or expect to) live apart for more than 60 days.

Counseling Requirements: The court may require the parties to attend a conciliation mediation

Property Distribution : Maine relies on “equitable distribution” so the court will distribute the marital property “in an equitable manner” if the parties can’t agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution.

Alimony: Alimony may be awarded to either party and is at the discretion of the judge. Fault may be considered.