Maine divorce laws
Child
Support
 Maine
divorce laws (you'll hear lawyers refer to them as Maine divorce statutes)
establish the amount of child support to be paid. Either or both parents may be ordered to pay child support, regardless of any marital fault. Like other states, Maine has a child support worksheet that helps establish an approximate initial amount. Courts may deviate from the guidelines upon the conclusion that an application of the guidelines would result in an unjust or inequitable result.
Courts may consider the following factors for
child support: 1.)The non custodial parent is in fact providing residential care for the child for more than 30% of the time on an annual basis; 2.) The number of children for whom support is due is greater than six; 3.) The relationships between the child support award, the division of property, and alimony; 4.) The financial resources of each child; 5.) The financial resources and needs of each party; 6.) The standard of living the child would have
enjoyed had the relationship continued; 7.) The physical
and emotional needs of each child; 8.) The educational
needs of each child; 9.) Inflation and 10.) Available
income
| Divorce Myth: Having a child together will help a couple to improve their marital satisfaction and prevent a divorce. Reality: Many studies have shown that the most stressful time in a marriage is after the first child is born. Couples who have a child together have a slightly decreased risk of divorce compared to couples without children, but the decreased risk is far less than it used to be when parents with marital problems were more likely to stay together “for the sake of the children”. |
Residency 
Maine divorce laws require that at least
one of the parties in an action for divorce be a resident of the state or, the plaintiff must have in good faith resided in Maine for a period of at least six months prior to the filing of the complaint.
Annulment
An annulment is a legal decree nullifying the validity of
a marriage. It must be legally petitioned for, and as a rule, are difficult
to prove and have declared. To file for an annulment, you must use one of the following claims (grounds): Fraud- If your spouse misrepresented him or herself to obtain your consent for marriage, you can bail out by filing for annulment under Maine annulment laws. Mental Incapacitation-
According to Maine annulment laws, you are entitled to annulment if your spouse is mentally incapacitated. Consanguinity- Marrying
someone related too closely to you. is a marital relationship between full-blood
or half-blood relatives e.g. marriage with a natural parent, child, grandparent,
grandchild, uncle, aunt, nephew, niece, stepparent, stepchild, adoptive
parent, adoptive child, brother, half brother or sister. A less sensitive
term would be inbreeding. Underage Marriages- minors getting
married is a ground for annulment. Impotency- Impotency is a valid annulment ground according to Maine annulment laws. You can obtain annulment if your spouse is impotent.
Child Custody
 In the vernacular of Maine's divorce statutes, "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". Each parent has equal rights relative to the other with reference to any matter affecting their children.
When the parents agree to equal footing with respect to shared parental rights and responsibilities, the court will approve of that agreement unless there is substantial evidence that it should not be ordered. The court will decline to agree to any agreement that doesn't serve the best interests of the child first, and all parties second.
Family law guides the court to make
decisions regarding the child's residence and parent-child contact. It
will consider as primary the safety and well-being of the child. Relative
factors in determining child custody can include:
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The age of the child
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The relationship of the child with the child's parents and any other persons who may significantly affect the child's welfare
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The preference of the child, if old enough to express a meaningful preference
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the duration and adequacy of the child's current living arrangements and the desirability of maintaining continuity
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The stability of any proposed living arrangements for the child
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The motivation of the parties involved and their capacities to give the child love, affection and guidance
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The child's adjustment to the child's present home, school and community
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The capacity of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical access
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The capacity of each parent to cooperate or to learn to cooperate in child care
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Methods for assisting parental cooperation and resolving disputes and each parent's willingness to use those methods
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The effect on the child if one parent has sole authority over the child's upbringing. child custody
The parents are required to be aware of how domestic abuse between the parents affects the children emotionally.
Using Maine divorce statutes as guidance,
courts are sensitive to a parent's prior willful misuse of the protection from abuse process in order to gain tactical advantage in a proceeding involving the determination of parental rights and responsibilities of a minor child. Such willful misuse can count against that parent in any future proceedings inasmuch as it demonstrates that parents lessened ability and willingness to cooperate
and work with the other parent in their shared responsibilities for the child.
Courts will consider if the child is under one year of age, whether the child is being breast-fed; and if there exists a parent's conviction for a sex offense or a sexually violent offense.
| Divorce Myth: Following divorce, the woman’s standard of living plummets by seventy three percent while that of the man’s improves by forty two percent. Reality: This dramatic inequity, one of the most widely publicized statistics from the social sciences, was later found to be based on a faulty calculation. A reanalysis of the data determined that the woman’s loss was twenty seven percent while the man’s gain was ten percent. Irrespective of the magnitude of the differences, the gender gap is real and seems not to have narrowed much in recent decades. |
Grounds for Divorce
 Guided
by Maine divorce laws. Grounds for divorce can be any of the following: 1.) Adultery, 2.) Impotence, 3.) Extreme cruelty, 4.) Desertion for 3 consecutive years, 5.) Nonsupport when that spouse has the ability to support, 6.) Cruel and abusive treatment, 7.) Cruel and abusive treatment, 8.) Irreconcilable marital differences, 9.) Mental illness with confinement for 7 consecutive years.
If one party alleges that there are irreconcilable differences and the opposing party denies that allegation, the court may continue the case and require both parties to receive counseling by a qualified professional counselor to be selected either by agreement of the parties or by the court. The counselor will then provide a written report of the counseling to the court and to both parties. The failure or refusal of the party who denies irreconcilable marital differences to submit to counseling without good reason is considered solid evidence that the marital differences are irreconcilable.
In any divorce action that involves the custody of a minor child, the court can request the department investigate conditions and circumstances of the child and the child's parents. A written report will be provided to the court.
If the court requests an investigation for purposes other than suspected abuse or neglect the court will order either or both parties to pay to the department part or all of the costs of services unless the court has made a finding of inability to pay.
Mediation or Counseling
At any time after the filing of the petition for divorce, the court may refer the parties to mediation and require that the parties make a good faith effort to mediate the issue(s). If the court determines that either party failed to make a good faith effort to mediate, the court may order the parties to submit to mediation, dismiss the action or any part of the action, render a decision or judgment by default, assess attorney's fees and costs or impose any other sanction that is appropriate in the circumstances. This passage means that if you refuse to participate or cooperate, you could find yourself in serious trouble, including losing part or all of your "rights".
Alimony
 The court can award general support 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.
In general terms, Maine family law presumes
alimony is not justifiably awarded in marriages of less than 10 years, and general support (alimony) won't be ordered for more than 1/2 the term of the marriage [10-20 year marriages get alimony for half the length of that marriage. Both of these presumptions are arguable and subject to deviation.
Temporary alimony may be awarded to provide for a spouse's transitional needs, including, but not limited to:
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Short-term needs resulting from financial dislocations associated with the dissolution of the marriage; or
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Reentry or advancement in the work force, including, but not limited to, physical or emotional rehabilitation services, vocational training and education.
Factors that help determine an award
of spousal support: 1.) The
length of the marriage, 2.) The ability of each party to pay,
3.) The age of each party, 4.) The employment history and employment potential of each party, 5.) The income history and income potential of each party, 6.) The education and training of each party, 7.) The provisions for retirement and health insurance benefits of each party, 8.) The tax consequences of the division of marital property, including the tax consequences
of the sale of the marital home, if applicable, 9.) The health and disabilities of each party, 10.) The tax consequences of a spousal support award, 11.) The contributions of either party
as homemaker, 12.) The contributions of either party
to the education or earning potential of the other party, 13.) Economic misconduct by either party resulting in the diminution of marital property or income, 13.) The standard of living of the parties during the marriage, 14.) The ability of the party seeking support to become self-supporting within a reasonable period of time, 15.) The effect of the following on a party's need for spousal support or a party's ability to pay spousal support
| Divorce Myth: Because they are more cautious in entering marital relationships and also have a strong determination to avoid the possibility of divorce, children who grow up in a home broken by divorce tend to have as much success in their own marriages as those from intact homes. Reality: Marriages of the children of divorce actually have a much higher rate of divorce than the marriages of children from intact families. A major reason for this, according to a recent study, is that children learn about marital commitment or permanence by observing their parents. In the children of divorce, the sense of commitment to a lifelong marriage has been undermined. |
Waiting Period
A judgment of legal separation may be granted upon the petition of one of the parties to a marriage, or upon a joint petition filed by both spouses when the party or parties live or desire to live separate and apart from their spouse for a period of at least sixty consecutive days.
Grandparents Rights
A grandparent of a minor child may petition the court for reasonable rights of visitation or access if: 1.) At least one of the child's parents or legal guardians has died, 2.) There is a sufficient existing relationship between the grandparent and the child, 3.) When a sufficient existing relationship between the grandparent and the child does not exist, a sufficient
effort to establish one has been made
 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: 1.) The
age of the child, 2.) The relationship of the child with the child's grandparents, including the amount of previous contact, 3.) The preference of the child, if old enough to express a meaningful preference, 4.) The duration and adequacy of the
child's current living arrangements and the desirability of maintaining
continuity, 5.) The stability of any proposed living arrangements for the child, 6.) The motivation of the parties involved and their capacities to give the child love, affection and guidance, 7.) The child's adjustment to the child's present home,
school and community, 8.) The capacity of the parent and grandparent to cooperate or to learn to cooperate in child care, 9.) Methods of assisting cooperation and resolving disputes and each person's willingness to use those methods, 10.) Methods
of assisting cooperation and resolving disputes and each person's willingness
to use those methods, 11.) Any other factor having a reasonable bearing on the physical and psychological
well-being of the child; and 12.) The existence of a grandparent's conviction for a sex offense or a sexually violent offense
Divorce Settlement
Property or asset settlement will take place
by the court setting apart to each spouse the spouse's property* and will
divide the marital property in proportions the court considers just after
considering all relevant factors, including:
- The contribution of each spouse to the acquisition
of the marital property, including the contribution of a spouse as homemaker
- The value of the property set apart to each spouse;
and
- The economic circumstances of each spouse at the time
the division of property is to become effective
*see Maine divorce statutes for definition
of "property"
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