Maine Divorce Laws- Dissolution of Marriage

Maine Child Custody

Maine divorce laws specify that pertaining to support of any children, and in the vernacular of Maine divorce laws: "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 Parenting 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.

Maine divorce laws guide 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:

	The age of the child,
	The relationship of the child with the child's parents and any other persons who may significantly affect the child's welfare,
	The preference of the child, if old enough to express a meaningful preference,
	the duration and adequacy of the child's current living arrangements and the desirability of maintaining continuity,
	The stability of any proposed living arrangements for the child,
	The motivation of the parties involved and their capacities to give the child love, affection and guidance,
	The child's adjustment to the child's present home, school and community,
	The capacity of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical access,
	The capacity of each parent to cooperate or to learn to cooperate in child care,
	Methods for assisting parental cooperation and resolving disputes and each parent's willingness to use those methods,
	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 state divorce laws codified in Maine 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.

Are you just starting out with divorce, and need a blueprint, or guidance, without it costing an arm and a leg? You will be well served by developing your own Parenting Plan, Visitation Schedule and Child Custody Schedule.

Visitation
Co Parenting

Divorce laws provide for Visitation, or a Co-Parenting Plan to the non-custodial parent much in the same way they are in other states. In the absence of an agreement between the parents, the court will often award the non-custodial parent some specific parenting time with the children e.g. every other weekend (sometime 1st and 3rd weekends, or 2nd and 4th weekends), one or two nights a week for dinner or activity, alternating holidays, Father's Day and Mother's Day with the respective parent, and an extended stay during the summer (often 30 days or more). It is wise to get as much in writing as possible. Who will pick up and drop, where, what time etc.

Visitation is closely aligned with custody and a parenting plan. You have the opportunity to create your own parenting plan, and in Maine, get it in writing, and be able to change it, and exchange it as schedules change. An easy way to do that is to use a Parenting Plan Template.

If the parents are not able to reach an agreement on child visitation or Child Custody, they both will often be required to participate in a mediation process before having a court hearing or before a judge hears the case. Helping the couple will be a mediator (often an attorney or social worker). If mediation fails, a court hearing becomes the next step. The court will get custody evaluations of the family by experts in the field of child psychiatry, psychology or mental health. Yes, you both will fall under close scrutiny.

Maine Alimony
Spousal Support
Maintenance

The court can award alimony or spousal 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. The term maintenance can also be used as alimony.

In general terms, divorce law in Maine presumes alimony is not justifiably awarded in marriages of less than 10 years (from the time of filing), 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:
	Short-term needs resulting from financial dislocations associated with the dissolution of the marriage; or
	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:
	The length of the marriage,
	The ability of each party to pay,
	The age of each party,
	The employment history and employment potential of each party,
	The income history and income potential of each party,
	The education and training of each party,
	The provisions for retirement and health insurance benefits of each party,
	The health and disabilities of each party,
	The tax consequences of a spousal support award,
	The contributions of either party as homemaker,
	The contributions of either party to the education or earning potential of the other party,
	Economic misconduct by either party resulting in the diminution of marital property or income,
	The standard of living of the parties during the marriage,
	The ability of the party seeking support to become self-supporting within a reasonable period of time,
	The tax consequences of the division of marital property, including the tax consequences of the sale of the marital home, if applicable,
	The effect of the following on a party's need for spousal support or a party's ability to pay spousal support

You may realize that we all need some help processing all this angst. This site has a Divorce Bookstore sponsored by Amazon.com, where you can find affordable books on parenting time, kids and divorce,shared custody, parental rights, custody battles, joint custody, co-parenting, child visitation, how to be divorced, life after a separation and just about every consideration pertaining to being divorced. Spend some time and a few bucks to help yourself get through this nightmare in one piece.   

Grounds For Divorce

Divorce laws in the Pine Tree State specify that grounds for a Maine divorce can be any of the following:

Adultery,
Impotence,
Extreme cruelty,
Desertion for 3 consecutive years,
Nonsupport when that spouse has the ability to support,
Cruel and abusive treatment,
Cruel and abusive treatment,
Irreconcilable marital differences,
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.     

Marriage Annulment
Marital Annulment

A Maine marriage annulment is a legal decree nullifying the validity of a marriage. It must be legally petitioned for, and as a rule, is difficult to prove and have adjudicated. To file for an marriage annulment (also known as a marital annulment), you must claim 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 an annulment if your spouse is mentally incapacitated.
	Consanguinity- Marrying someone related too closely to you. It 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 an annulment if your spouse is impotent.

Mediation
Marriage Counseling

Legal Separation
Marriage Separation

How to file for separation is essentially the same as how to file for divorce, except that the status of your marriage remains 'married'. Maine courts will enter a decree of separation if the person who lives apart or wishes to live apart does so for a period of at least 60 days and petitions the court for that decree, or the couple petition together after at least a 60 day physical separation.

A physical separation nearly always prompts the dependent party to seek financial support from the independent partner. Maine divorce laws mandate that courts address and rectify financial disputes over child custody, child support, spousal support if any, and possibly the settlement of marital property. The physical separation will signify the end to one's responsibilities and commitments to the other other than what is specified by the courts. Furthermore, a separation isn't necessary for a petition for dissolution to proceed.   

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 Visitation

Maine divorce laws and Federal statutes both permit a grandparent of a minor child to petition the court for reasonable rights of visitation or access if:

	At least one of the child's parents or legal guardians has died,
	There is a sufficient existing relationship between the grandparent and the child,
	When a sufficient existing relationship between the grandparent and the child does not exist, a sufficient effort to establish one has been made. Best interest of the child prevails.

Divorce Settlement
Distribution of Assets

Divorce laws in Maine allow that you and your spouse will arrange a divorce settlement of your marital assets, or the court will do so for you.

Maine is an "equitable distribution" state. Each spouse retains his or her individual property, including:

	gifts or inheritances
	property acquired prior to marriage
	Any increase in the value of gifts, inheritances or property acquired prior to the marriage, or property acquired in exchange for that property

Should the court make the settlement, they will set 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.

Did you come into this marriage owning a house? Concerned about the equity in that house that you brought into the marriage? Worried a divorce settlement will take away what was originally yours? Here's how it works generally. What you brought into the marriage is usually all yours. However, any appreciation of the house or the property value is normally treated as a 'marital asset', meaning that you will likely have to give up a half of that appreciation to your spouse in the divorce. 

Marital fault (like infidelity) is not a factor in dividing marital assets.   

Residency Requirements

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.