Divorce Statutes in Maine- Dissolution of marriage

Maine divorce statutes §902. Grounds; defenses

1. Grounds.  A divorce may be granted for one of the following causes:
     A. Adultery;
     B. Impotence;
     C. Extreme cruelty;
     D. Utter desertion continued for 3 consecutive years prior to the commencement of the action;      E. Gross and confirmed habits of intoxication from the use of liquor or drugs;
     F. Nonsupport, when one spouse has sufficient ability to provide for the other spouse and grossly, wantonly or cruelly refuses or neglects to provide suitable maintenance for the complaining spouse;

     G. Cruel and abusive treatment;
     H. Irreconcilable marital differences; or  
1. A judicial determination has been made that one of the parties is an incapacitated person, as defined in Title 18-A, section 5-101, for whom a guardian with full powers has been appointed, other than a temporary guardian appointed pursuant to Title 18-A, section 5-310-A
2. Irreconcilable differences; counseling 3. Recrimination.  Recrimination is a comparative rather than an absolute defense in a divorce action.
4. Condonation.  Condonation of the parties is not an absolute defense to any action for divorce but is discretionary with the court.

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Maine divorce statutes §905. Investigation when custody of children involved

Whenever in a divorce action the custody of a minor child is involved, the court may request the department to investigate conditions and circumstances of the child and the child's parents. Upon completion of the investigation, the department shall submit a written report to the court and to counsel of record at least 3 days before the date of hearing. The report may not be further copied or distributed by anyone. A person who violates a provision of this section commits a civil violation for which a forfeiture of not more than $500 may be adjudged. Upon request of an interested party, the court shall require the

person making the report to testify at the time of hearing. Whoever participates in making a report under this section or participates in a judicial proceeding as a result of the report is immune from civil or criminal liability, unless that person acted in bad faith or with malicious purpose. If the court requests an investigation for purposes other than suspected abuse or neglect as defined in Title 22, chapter 1071, the court shall order either or both parties to pay to the department part or all of the costs of services under this chapter, unless the court has made a finding of inability to pay. Revenue from investigations or services provided under this chapter are dedicated to the department to defray the cost of these services.

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Maine divorce statutes §951-A. Spousal support

1. Statement by court.  An order granting, denying or modifying spousal support must state:
     A. The method or methods of payment, and the term and limitations imposed, if support is awarded;
     B. If the support awarded is not, in whole or in part, subject to future modification; and
     C. The factors relied upon by the court in arriving at its decision to award or deny spousal support, if the proceeding was contested.
2. Types of spousal support.
The court may, after consideration of all factors set forth in subsection 5, award or modify spousal support for one or more of the following reasons.
     A. General support may be awarded to provide financial assistance to a spouse with substantially less income potential than the other spouse so that both spouses can maintain a reasonable standard of living after the divorce
     (1) There is a rebuttable presumption that general support may not be awarded if the parties were married for less than 10 years as of the date of the filing of the action for divorce. There is also a rebuttable presumption that general support may not be awarded for a term exceeding 1/2 the length of the marriage if the parties were married for at least 10 years but not more than 20 years as of the date of the filing of the action for divorce.
     (2) If the court finds that a spousal support award based upon a presumption established by this paragraph would be inequitable or unjust, that finding is sufficient to rebut the applicable presumption.
     B. Transitional support may be awarded to provide for a spouse's transitional needs, including, but not limited to:
     (1) Short-term needs resulting from financial dislocations associated with the dissolution of the marriage; or
     (2) Reentry or advancement in the work force, including, but not limited to, physical or emotional rehabilitation services, vocational training and education.
     C. Reimbursement support may be awarded to achieve an equitable result in the overall dissolution of the parties' financial relationship in response to exceptional circumstances. Exceptional circumstances include, but are not limited to:
     (1) Economic misconduct by a spouse; and
     (2) Substantial contributions a spouse made towards the educational or occupational advancement of the other spouse during the marriage. Reimbursement support may be awarded only if the court determines that the parties' financial circumstances do not permit the court to fully address equitable considerations through its distributive order pursuant to section 953.
     D. Nominal support may be awarded to preserve the court's authority to grant spousal support in the future.
     E. Interim support may be awarded to provide for a spouse's separate support during the pendency of an action for divorce or judicial

separation.
3. Methods of payment; term and limitations. The order must state the method or methods of payment that the court determines just, including, but not limited to, lump-sum and installment payments. The order must also state the term of and any limitations on the award that the court determines just, including, but not limited to:
     A. A limit on any increases or decreases in the amount of support;
     B. A limit on any increases or decreases in the term of support;
     C. A limit on the method or methods of payment of support; 
     D. A limit on the payment of support related to the remarriage of the payee; and
     E. A limit on the payment of support related to cohabitation by the payee.
4. Modification.  An award of spousal support is subject to modification when it appears that justice requires unless and to the extent the order awarding or modifying spousal support expressly states that the award, in whole or in part, is not subject to future modification.
5. Factors.  The court shall consider the following factors when determining an award of spousal support:
     A. The length of the marriage;
     B. The ability of each party to pay;
     C. The age of each party;
     D. The employment history and employment potential of each party;
     E. The income history and income potential of each party;
     F. The education and training of each party;      G. The provisions for retirement and health insurance benefits of each party;
     H. The tax consequences of the division of marital property, including the tax consequences of the sale of the marital home, if applicable;
     I. The health and disabilities of each party;
     J. The tax consequences of a spousal support award;
     K. The contributions of either party as homemaker;
     L. The contributions of either party to the education or earning potential of the other party;
     M. Economic misconduct by either party resulting in the diminution of marital property or income; N. The standard of living of the parties during the marriage;
     O. The ability of the party seeking support to become self-supporting within a reasonable period of time;
     P. The effect of the following on a party's need for spousal support or a party's ability to pay spousal support: (1) Actual or potential income from marital or non marital property awarded or set apart to each party as part of the court's distributive order pursuant to section 953; and (2) Child support for the support of a minor child or children of the marriage pursuant to chapter 63; and
     Q. Any other factors the court considers appropriate. 

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Maine divorce statutes §953. Disposition of property

1. Disposition.  In a proceeding for a divorce, for legal separation or for disposition of property following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse or lacked jurisdiction to dispose of the property, the court shall set apart to each spouse the spouse's property and shall divide the marital property in proportions the court considers just after considering all relevant factors, including:      A. The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker;      B. The value of the property set apart to each spouse; and
     C. The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live in the home for reasonable periods to the spouse having custody of the children.
2. Definition. For purposes of this section, 'marital property' means all property acquired by either spouse subsequent to the marriage, except:
     A. Property acquired by gift, bequest, devise or descent;
     B. Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise or descent;
     C. Property acquired by a spouse after a decree of legal separation;
     D. Property excluded by valid agreement of the parties; and
     E. The increase in value of property acquired prior to the marriage and the increase in value of a spouse's non marital property as defined in paragraphs A to D. (1)

'Increase in value' includes:
     (a) Appreciation resulting from market forces; and
     (b) Appreciation resulting from reinvested income and capital gain unless either or both spouses had a substantial active role during the marriage in managing, preserving or improving the property.
     (2) 'Increase in value' does not include:      (a) Appreciation resulting from the investment of marital funds or property in the non marital property;
     (b) Appreciation resulting from marital labor; and
     (c) Appreciation resulting from reinvested income and capital gain if either or both spouses had a substantial active role during the marriage in managing, preserving or improving the property
3. Acquired subsequent to marriage.  All property acquired by either spouse subsequent to the marriage and prior to a decree of legal separation is presumed to be marital property regardless of whether title is held individually or by the spouses in some form of co ownership such as joint tenancy, tenancy in common, tenancy by the entirety or community property. The presumption of marital property is overcome by a showing that the property was acquired by a method listed in subsection 2.
4. Disposition of marital property.  If both parties to a divorce action also request the court in writing to order disposition of marital property acquired by either or both of the parties to the divorce prior to January 1, 1972, or non marital property owned by the parties to the divorce action, the court shall also order disposition in accordance with subsection 1.

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Maine divorce statutes §2006. Support guidelines

1. Determination of basic support entitlement.  After the court or hearing officer determines the annual gross income of both parties, the 2 incomes must be added together to provide a combined annual gross income and applied to the child support table to determine the basic support entitlement for each child When there is a child within each age category, the court or hearing officer shall refer to the table and locate the figure in the left-hand column that is closest to the parents' combined annual gross income. In each age category the court or hearing officer shall determine the dollar figure for the total number of children for whom support is being determined, multiply the dollar figure in each age category by the number of children in that category and add the 2 products. The resulting dollar amount represents the basic support entitlement.
2. Past support.  This chapter applies to an award of past support. Past support is calculated by applying the current support guidelines to the period for which past support is owed.
3. Total basic support obligation.  The total basic support obligation is determined by adding the child care costs, health insurance premiums and extraordinary medical expenses to the basic support entitlement as follows. A. When each child is under the age of 12 years, the sums actually being expended for child care costs must be added to the basic support entitlement to determine the total basic support obligation.
     B. If a child is incurring extraordinary medical expenses, the future incidence of which is determinable because of the permanent, chronic

or recurring nature of the illness or disorder, the sums actually being expended for the medical expenses must be added to the basic support entitlement to determine the total basic support obligation.
     C. If private health insurance for the child is available at reasonable cost, the cost of private health insurance must be added to the basic support entitlement to determine the total basic support obligation. For the purposes of this paragraph, 'the cost of private health insurance' is the cost of adding the child to existing coverage or the difference between self-only and family coverage.
4. Computation of parental support obligation.  The total basic support obligation must be divided between the parties in proportion to their respective gross incomes. The court or hearing officer shall order the party not providing primary residential care to pay, in money, that party's share of the total basic support obligation to the party providing primary residential care. The primary residential care provider is presumed to spend the primary care provider's share directly on each child. If the court or hearing officer determines that the parties provide substantially equal care for a child for whom support is sought, presumptive support must be calculated in accordance with subsection 5, paragraph D-1. Both parents are responsible for child support if a caretaker relative provides primary residential care for the child. The caretaker relative's income may not be considered in determining the parents' child support obligation.

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Maine divorce statutes §1803. Petition. Visitation rights of grandparents

1. Standing to petition for visitation rights.  A grandparent of a minor child may petition the court for reasonable rights of visitation or access if:
     A. At least one of the child's parents or legal guardians has died;
     B. There is a sufficient existing relationship between the grandparent and the child; or      C. When a sufficient existing relationship between the grandparent and the child does not exist, a sufficient effort to establish one has been made.
2. Procedure.  The following procedures apply to petitions for rights of visitation or access under subsection 1, paragraph B or C.
     A. The grandparent must file with the petition for rights of visitation or access an affidavit alleging a sufficient existing relationship with the child, or that sufficient efforts have been made to establish a relationship with the child. When the petition and accompanying affidavit are filed with the court, the grandparent shall serve a copy of both on at least one of the parents or legal guardians of the child.
      B. The parent or legal guardian of the child may file an affidavit in response to the grandparent's petition and accompanying affidavit. When the affidavit in response is filed with the court, the parent or legal guardian shall deliver a copy to the grandparent.
     C. The court shall determine on the basis of the petition and the affidavit whether it is more likely than not that there is a sufficient existing relationship or, if a sufficient relationship does not exist, that a sufficient effort to establish one has been made.
      D. If the court's determination under paragraph C is in the affirmative, the court may appoint a guardian ad litem as provided in section 1507. The court shall hold a hearing on the grandparent's petition for reasonable rights of visitation or access and shall consider any objections the parents or legal

guardians may have concerning the award of rights of visitation or access to the grandparent. If the court has appointed a guardian ad litem, the court shall also consider the report of the guardian ad litem. The standard for the award of reasonable rights of visitation or access is provided in subsection 3.
3. Best interest of the child.  The court may grant a grandparent reasonable rights of visitation or access to a minor child upon finding that rights of visitation or access are in the best interest of the child and would not significantly interfere with any parent-child relationship or with the parent's rightful authority over the child. In applying this standard, the court shall consider the following factors:
     A. The age of the child;
     B. The relationship of the child with the child's grandparents, including the amount of previous contact;
     C. The preference of the child, if old enough to express a meaningful preference;
     D. The duration and adequacy of the child's current living arrangements and the desirability of maintaining continuity
     E. The stability of any proposed living arrangements for the child;
     F. The motivation of the parties involved and their capacities to give the child love, affection and guidance;
     G. The child's adjustment to the child's present home, school and community;
     H. The capacity of the parent and grandparent to cooperate or to learn to cooperate in child care;
     I. Methods of assisting cooperation and resolving disputes and each person's willingness to use those methods;
     J. Any other factor having a reasonable bearing on the physical and psychological well-being of the child; and
     K. The existence of a grandparent's conviction for a sex offense or a sexually violent offense as those terms are defined in Title 34-A, section 11203.

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Maine divorce statutes §1651. Parents joint natural guardians of children

The father and mother are the joint natural guardians of their minor children and are jointly entitled to the care, custody, control, services and earnings of their children. Neither parent has any rights paramount to the rights of the other with reference to any matter affecting their children.

1652. Spouse's or parent's obligation to support

1. Petition.  If a parent, spouse or child resides in this State, a parent, a spouse, a guardian or a state providing maintenance may petition the

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District Court or Probate Court to order a non supporting parent or spouse to contribute to the support of the non supporting person's spouse or child. The petition may be brought in the court in the district or county where the parent, spouse or child resides or in the district or county in which the non supporting person may be found.
2. Court action.  If the court finds that the non supporting person is of sufficient ability or is able to labor and provide for that person's children or spouse, and that the person has willfully and without reasonable cause refused or neglected to so provide, then the court may order the person to contribute to the support of that person's children or spouse in regular amounts that it determines reasonable and just. Child support must be determined or modified in accordance with chapter 63.

Maine divorce statutes §1653. Parental rights and responsibilities

1. Legislative findings and purpose.

2. Parental rights and responsibilities; order.

This subsection governs parental rights and responsibilities and court orders for parental rights and responsibilities.
     A. When the parents have agreed to an award of shared parental rights and responsibilities or so agree in open court, the court shall make that award unless there is substantial evidence that it should not be ordered. The court shall state in its decision the reasons for not ordering a shared parental rights and responsibilities award agreed to by the parents.
     B. The court may award reasonable rights of contact with a minor child to a 3rd person.
     C. The court may award parental rights and responsibilities with respect to the child to a 3rd person, a suitable society or institution for the care and protection of children or the department, upon a finding that awarding parental rights and responsibilities to either or both parents will place the child in jeopardy as defined in Title 22, section 4002, subsection 6.
     D. The order of the court awarding parental rights and responsibilities must include the following:
     (1) Allocated parental rights and responsibilities, shared parental rights and responsibilities or sole parental rights and responsibilities, according to the best interest of the child as provided in subsection 3.
An award of shared parental rights and responsibilities may include either an allocation of the child's primary residential care to one parent and rights of parent-child contact to

the other parent, or a sharing of the child's primary residential care by both parents. If either or both parents request an award of shared primary residential care and the court does not award shared primary residential care of the child, the court shall state in its decision the reasons why shared primary residential care is not in the best interest of the child;
     (2) Conditions of parent-child contact in cases involving domestic abuse as provided in subsection 6;
     (3) A provision for child support as provided in subsection 8 or a statement of the reasons for not ordering child support;
     (4) A statement that each parent must have access to records and information pertaining to a minor child, including, but not limited to, medical, dental and school records and other information on school activities, whether or not the child resides with the parent, unless that access is found not to be in the best interest of the child or that access is found to be sought for the purpose of causing detriment to the other parent. If that access is not ordered, the court shall state in the order its reasons for denying that access;
     (5) A statement that violation of the order may result in a finding of contempt and imposition of sanctions as provided in subsection 7;
     (6) A statement of the definition of shared parental rights and responsibilities contained in section 1501, subsection 5, if the order of the court awards shared parental rights and responsibilities ; and
     (7) If the court appoints a parenting coordinator pursuant to section 1659, a parenting plan defining areas of parental rights and responsibilities within the scope of the parenting coordinator’s authority. An order modifying a previous order is not required to include provisions of the previous order that are not modified.

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Maine divorce statutes Alternative Dispute Resolution

1. Court authority to order mediation.  The court may, in any case under this Title, at any time refer the parties to mediation on any issue.
2. Required mediation.  Except as provided in paragraph B, prior to a contested hearing under chapter 27, chapter 29, chapter 55 or chapter 63 when there are minor children of the parties, the court shall refer the parties to mediation.
     A. For good cause shown, the court, prior to referring the parties to mediation, may hear motions for temporary relief, pending final judgment on an issue or combination of issues for which good cause for temporary relief has been shown.      
     B. Upon motion supported by affidavit, the court may, for extraordinary cause shown, waive the mediation requirement under this subsection
3. Mediated agreement.  An agreement reached by the parties through mediation on issues must be reduced to writing, signed by the parties and presented to the court for approval as a court order.

4. No agreement; good faith effort required. When agreement through mediation is not reached on an issue, the court must determine that the parties made a good faith effort to mediate the issue before proceeding with a hearing. If the court finds that either party failed to make a good faith effort to mediate, the court may order the parties to submit to mediation, may dismiss the action or a part of the action, may render a decision or judgment by default, may assess attorney's fees and costs or may impose any other sanction that is appropriate in the circumstances.
5. Failure to appear.  The court may also impose an appropriate sanction upon a party's failure without good cause to appear for mediation after receiving notice of the scheduled time for mediation.
6. Waiver of mediation; questions of law.  The court may hear motions to waive mediation in cases in which there are no facts at issue and all unresolved issues are questions of law.

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Maine divorce statutes §752. Annulment of illegal marriages

1. Complaint; court order.  When the validity of a marriage is doubted, either party may file a complaint for annulment. The court shall order the marriage annulled or affirmed according to the evidence. The court's order does not affect the rights of the defendant unless the defendant was actually notified of the action or answered the complaint.
2. Parental rights and responsibilities.  The court entering an order for annulment may make an order awarding parental rights and responsibilities with respect to a minor child of the parties in accordance with chapter 55.
3. Name change.  Upon the request of either spouse to change that person's own name, the court, when entering judgment for annulment:      A. Shall change the name of that spouse to a former name requested; or
     B. May change the name of that spouse to any other name requested.
4. Finalization.  The trial court may, upon motion for entry of final judgment during the pendency of the appeal period, grant a final judgment of

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annulment between the parties if the court expressly finds that there is not just cause for delay and entry of judgment will not prejudice the legal or equitable rights of a party during the pendency of an appeal. The filing of a motion under this subsection does not stay an award of child or spousal support or parental rights and responsibilities, except by order of the court under the Maine Rules of Civil Procedure.
5. Annulment because of prior marriage.  When a marriage is annulled due to a prior marriage, and the party who was capable of contracting the 2nd marriage contracted the 2nd marriage in good faith, believing that the prior spouse was dead, the former marriage was void or a divorce had been decreed leaving the party to the former marriage free to marry again, that fact must be stated in the decree of nullity.

Maine divorce statutes §753. Action to void marriage

If, after a marriage has been solemnized, the State Registrar of Vital Statistics determines that the parties are not eligible to be married because the age or other requirements provided in this chapter are not satisfied, the state registrar may file an action in District Court to void the marriage.