Divorce Guide

Divorce Guide

Maine No Fault Divorce

According to Maine no-fault divorce laws, you may get divorce on the basis of no-fault or fault basis. No-fault divorce laws in the state of Maine specify that divorce can be obtained if a spouse states that the marriage has “irretrievably broken down” owing to “irreconcilable differences” or “incompatibility in temperament”. Divorce can also be obtained on “fault grounds” such as cruelty, impotence, adultery etc. However, to get a divorce on the basis of no-fault grounds, none of the spouses need to prove that the other spouse has committed any “wrongdoing” or has done anything “wrong”. Courts would grant divorce if they are convinced that any patch-up would not be in the best interests of the parties.

Residential requirements in Maine no-fault divorce

No-fault divorce laws in Maine state that the plaintiff (the spouse who has filed for divorce) or the defendant must have resided for the last 6 months in the sate of Maine from the date of filing the case. If this case does not arise, then the plaintiff must have been born in this sate and the parties must have been married here.

One can file the divorce case in the district court county of the state. This divorce case is called “complaint for divorce” in the state of Maine.

Hearing in Maine no-fault divorce

According to Maine no-fault divorce laws, the hearing for the divorce case would not occur before 60 days from the date of filing the case.

Choosing between “no-fault” or “fault” grounds in divorce

As has been mentioned earlier, Main happens to be a “mixed state” where you can get divorce on the basis of “fault” or “no-fault”. Many people choose to file a “no-fault divorce” even if there is substantial “wrongdoing” on part of the other spouse. This is to avoid the messy and ugly court battle to establish the evidence of “wrongdoing’ in fault cases. The preference is more for “no-fault” grounds if there are children involved so that the children are not involved in bitter court battles. However, some spouses prefer to file a “fault grounds” case if they feel that they will have an edge over the other spouse in matters related to child custody or property division owing to the “fault” cause.

Property division in Maine no-fault divorce

According to the divorce laws in the state of Maine, the property would be equitably divided among the spouses after divorce. If the courts are asked to intervene because both the parties are not able to decide how to divide the property “outside the court”, then the courts would choose to divide the property equitably and fairly. The marital property acquired during the marriage would be divided but the property that was inherited by a spouse before the marriage would not be divided and would automatically be given to the spouse who had acquired it.

Child custody in Maine no-fault divorce

It is observed that most of the spouses wish to settle the matter of child custody and child support outside the court, maybe taking the help of the custody mediator. Custody mediators help the parties formulate a sound parenting plan, chart out a good visitation schedule, plan for physical custody etc. If the parents are unable to reach an agreement regarding child custody, then courts would decide the matter of child custody considering the best interests of the child. Welfare and security of the child are most important then.

Now-a-days, most of the courts consider all divorce cases as “no-fault” and look into the “fault matters” while awarding child custody or property division or spousal support. If the divorce is “uncontested”, which means that all the issues from child custody or property division are being settled by the spouses themselves, then the divorce process is extremely quick. One may even go ahead with a do-it-yourself divorce in such cases. But if there are disputes in any of the matter, then it is better to seek the advises of a good divorce attorney.

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