banner

State Laws:

Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
D.C.
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming

 

 

Maine Divorce Recovery

divorce decreeMaine child custody. Alimony. Child support. Child visitation. Divorce Settlement Agreements. Parenting Plans. Divorce in Maine. Your success in getting through a divorce in one piece, and minimizing the damage that comes with divorce depends on how comfortable you are with the details and the process. In other words, if you absorb everything you can about your choices in this process and the ramifications of those choices, you will find yourself a more peaceful and centered person.

Begin by understanding the rules of the road.





 

  • Child Custody
  • Annulment
  • Child Support
  • Separation
  • Settlement
  • Alimony
  • Visitation
  • Grounds
  • Residency
  • Mediation
  • Grandparents
  • Waiting Period

MomChild 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.custody strategies

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.
Concerned about custody and visitation battles in the future? Will your spouse try to take advantage of you? Get an online parenting plan and set up the calendar before you get divorced, and adjust it to the court ordered visitation schedule. If your ex knows it's online and you are documenting things, it's less likely you'll be constantly challenged. Click on the demo link to view the program.

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.

Download Maine Divorce Forms

[Maine Revised Statutes - Title 19A - Sections: 1501, 1653]

justiceMarriage 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):

Find a lawyer!
  • 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. You can obtain an annulment if your spouse is impotent. 

 

 

[Maine Revised Statutes - Title 19A - Chapter 23 Sections: 752]

child supportChild Support

Maine divorce laws (you'll hear lawyers refer to them as Maine divorce statutes too) establish the amount of child support payment 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. custody strategies

Maine divorce laws guide the courts to consider the following factors as a basis for a Maine child support schedule:

  • The non custodial parent is in fact providing residential care for the child for more than 30% of the time on an annual basis,
  • The number of children for whom support is due is greater than six,
  • The relationships between the child support award, the division of property, and alimony,
  • The financial resources of each child,
  • The financial resources and needs of each party,
  • The standard of living the child would have enjoyed had the relationship continued,
  • The physical and emotional needs of each child,
  • The educational needs of each child,
  • Inflation and
  • Available income.
  • Child support in Kansas ends when the child turns 18 or graduates from High School, whichever comes later, unless the court has established special conditions, or the parents have entered into an agreement in writing to extend support. Provisions are in place to extend the age of termination in special circumstances.

Maine child support laws provide that in cases where a marriage annulment or marital annulment is sought, and there are children of the marriage, that those children be afforded the same rights, protections and parental financial support, including that the children are not considered illegitimate offspring of the parents, that other children of the state receive.

Maine child support ends at age 18 unless the child is still in High School, at which time child support terminates at age 19 or graduation, whichever comes first.

If a marriage separation (sometimes referred to as a marital separation or legal separation) has been decreed, the court may make such further orders for the support and maintenance of either spouse and for the support, maintenance, and education of minor children, by either spouse, or out of the property of either spouse, as the court deemed appropriate.

[Maine Revised Statutes - Title 19A - Sections: 2001, 2006, 2009]

fightingLegal Separation - Marital 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.

Modifying or ending the Separation

To modify or end a separation that has been granted by the court, one or both parties must petition the court. A court hearing will be scheduled, and the court will determine if a substantial change of circumstances justifying the modification has occurred. The portion of the separation decree disposing of the parties' property is not subject to modification and remains in full force. If both parties wish to end the separation and resume marital relations, they must state so in writing, at which time the separation agreement terminates.

 

custody x change parenting software

 

[Maine Revised Statutes - Title 19A - Chapter 27 Section 851]

marital assets

Divorce Settlement - Dividing marital 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 courts will set aside to each spouse the separate property of each. Some of the factors the court considers in dividing the property between the parties include:

  • 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.

Lock up the assets

If you think your spouse might try to hide assets, or spend them, we suggest you file a petition for a financial temporary restraining order. This order prevents liquidating assets or spending money beyond the basic necessities of daily living. You might first consider allocating enough funds to see yourself through, because the restraining order will apply to you too. good idea

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

[Maine Revised Statutes - Title 19A - Sections: 953]

alimony

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 during the process of divorce or separation 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.

Exceptional circumstances when awarding spousal support

The court may deviate from standard practices of awarding spousal support for:

  • Economic misconduct by a spouse, and
  • Substantial contributions a spouse made towards the educational or occupational advancement of the other spouse during the marriage.
good ideaConcerned about custody and visitation issues in the future? Will your spouse try to take advantage of you? Get an online parenting plan and set up the calendar before you get divorced, and adjust it to the court ordered visitation schedule. If your ex knows it's online and you are documenting things, it's less likely you'll be constantly challenged. Click on the demo link to view the program.

 

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.

The effect of no spousal support awarded, or the termination of spousal support

If the court does not grant spousal support in the final order, or if it terminates a spousal support order, the possibility that it can be received at a later date ends, and no subsequent petitions for spousal support can be entertained.

 

good ideaWorried about a custody battle? Don't be blind sided by your ex. Learn the facts by owning a complete Child Custody Library on the best strategies for winning or keeping child custody.

 

The courts have the discretion to award alimony in fixed payments for a specified period, subject to death or remarriage of the recipient. All orders requiring payments of money for the support and care of any children shall direct the payments to be made through the registry of the court unless the court in its discretion determines that it would be in the best interest of the parties to direct otherwise.

[Maine Revised Statutes - Title 19A - Sections: 851, 951]

new timesVisitation - The kids travel between two homes

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.

Factors the court will consider when assigning parenting rights and responsibilities

  • The age of the child,
  • The relationship of the child with the child's parents and any other persons,
  • 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,
  • The existence of domestic abuse between the parents, in the past or currently,
  • The existence of any history of child abuse by a parent,
  • All other factors having a reasonable bearing on the physical and psychological well-being of the child,

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 Revised Statutes - Title 19A - Chapter 55 Sections: 1653]

cheatingGrounds 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.  

Divorce forms and papers

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. 

[Maine Revised Statutes - Title 19A - Sections: 902]

residencyResidency - You must be a legal resident to file

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.

 

 

 

custody x change parenting software

 

[Maine Revised Statutes - Title 4 - Sections: 155 and Title 19-A - Section 902)]

mediationMediation - Using a Mediator to resolve disputes

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). Mediation is not marriage counseling, but marriage counseling will sometimes be suggested if it appears to the court that it may produce a better result for the parties.

If the court determines that either party failed to make a good faith effort to mediate, or denies that the marriage is irreconcilable, 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'.

Find a lawyer!

[Maine Revised Statutes - Title 19A - Sections: 251, 902]

grandmotherGrandparents 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. 

 

 

 

custody x change parenting plan software

 

[Maine Revised Statutes - Title 19A - Sections: 1801-1805]

waiting periodWaiting 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.

There are no restrictions against remarriage following a divorce decree.

 

 

custody x change parenting software

 


A Word On Your Journey Toward Healing And Recovery ...

At some point in the process, you will likely discover that you will not be able to manage the divorce recovery all by yourself. If you are a man, you are apt to bury the hurt and anguish and force yourself to Move On. However, unresolved feelings are just that- unresolved, and are likely to become issues later on. If you are a woman, you will feel the process more, and likely will experience a feeling of loss while feeling lost. We recommend you spend time discovering why things worked out as they did, so that you grow with the new knowledge. We offer a myriad of tools that can get you to the other side. The more you learn, the less you fear. Trust us on this. Spend some time and a few bucks and the return will be ten-fold.

Arm yourself with Child Custody Strategies, begin an on-line Parenting Plan and download Divorce Forms. Begin TODAY.