Divorce Guide

Divorce Guide

Maine Divorce Rights

A petitioner who seeks divorce in the state of Maine has to fulfill some primary conditions. The person filing the case has to be a resident of the state for at least six months. According to the revised statutes of Maine, title 19 A section 901, few more conditions to be fulfilled by the petitioner are: two parties seeking divorce were married in the Maine, the defendant is also a resident of the state, when the divorce was sought both the parties were resident of the state.

Maine divorce law maintains that there are some legal grounds on the basis of which a person can seek divorce. Some of these grounds are enumerated as follows. When it is understood that the marriage has been broken down irreconcilably, when either of the parties is found to be indulging in adultery, when partner is found to be impotent, when spouses have been living separately for a continuous period of three years. Habitual drunkenness, mental illness and an abusive treatment of the spouse is also discussed under the same ground.

According to title 19 A, section 905 of the revised statutes of Maine, the court can ask a special department to inquire into the circumstances and the conditions of the child, when the child under consideration is minor. Because of the involvement of the minor child, the court may also ask the parties to undergo a mediation and counseling program in which the ill effects of divorce would be discussed with both the parties.

The appropriate distribution of property is considered to be a very important issue in any case of divorce. The distribution of property between the spouses also affects the spousal support and the child custody. Maine, being an equitable distribution state, in all its cases, divides the property acquired by the parties during marriage in a fair manner. The contribution of spouses in the property acquired, economic conditions of each spouse, value of property are some of the factors which affect the decision of the court.

The alimony support or the spousal support after marriage could be decided by the court after taking into account some of the following measures. As per the rebuttable presumption (which means that a particular fact is considered as a “fact” because it has been proven with an evidence in a court or in front of a jury) , the spousal support can not be awarded if the parties in the case have not been married for a period of ten years. The period will be considered from the date of filing the case. According to rebuttable presumption, spousal support is not awarded for half the length of the marital relationship.

Maine divorce laws provide for a transitional support to the spouse which would include a short term financial arrangement provided for the period soon after the divorce. The court in Maine can also provide for Reimbursement support, Interim support and Nominal support.

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