Steps to Getting a Divorce in Maine

The process of legally ending a contractual relationship between spouses requires a vast amount of preparation. In Maine, though each divorce case is unique, all of them are processed according to the same laws and regulations.

Keep reading this article to learn about the main aspects of legally breaking up a partnership in this state.

1. Check Residency Requirements

Meeting residency requirements is one of the first things people should consider before applying for the dissolution of marriage. In Maine, the divorce case can only be accepted if you meet one of the requirements listed below:

• You or your spouse have lived in Maine for at least six months prior to filing for divorce.
• You are a resident of this state and have gotten married there.
• You are a resident of Maine and have resided in this state when the cause of divorce happened.

2. Decide on the Type of Divorce

Whether you want to apply for a no-fault or fault-based marriage termination, you can use both options in Maine. Most often, residents of this state file for a no-fault divorce, as it is the most straightforward and simple way to end a marriage. Currently, it can be granted based on “irreconcilable marital differences.”

However, even though fault-based marriage termination requires more financial resources, time, and energy, some people still apply for it to gain advantages in child custody, spousal support, or division of marital assets. The main grounds for a fault-based divorce in Maine are as follows:

• Impotence.
• Adultery.
• Extreme cruelty.
• Alcohol or drug abuse.
• Cruel and abusive treatment.
• The lack of support from a spouse capable of support.
• Mental incapacity

3. Prepare Appropriate Papers

The marriage dissolution process begins when one of the spouses prepares and files the appropriate forms with the court. Presently, you can do it on your own by completing the whole packet of the fillable documents that can be found on the Maine Judicial Branch website. At the same time, to simplify this process, you can use services offered by online divorce papers preparation companies.

The primary benefits of cooperating with such companies are:

• It is the most affordable way to prepare forms for ending a marriage, costing around $300-500.
• It saves a lot of time, as your forms will be completed in two business days once you provide appropriate information about your marriage. In turn, lawyers usually need at least one week to prepare all the documents.
• It eliminates the hassle of the paperwork.

Simultaneously, keep in mind that online divorce companies can only assist you in preparing forms for an uncontested divorce process. In other words, you and your spouse should reach an agreement about all of the issues related to your divorce. If you fail to agree on family separation issues, you should hire a lawyer to protect your interests in court.

4. File with the Court

When all your documents are prepared, you should file them in the Superior Court of Maine or the Maine District Court. Do not forget about the filing fees, which are required regardless of the type of divorce—today, filing a Complaint for Divorce costs $120 in Maine.

In a contested marriage dissolution, the overall price of ending a marriage can reach up to $15,000. It can be explained by the complexity of problems that will have to be addressed during the proceedings.

5. Serve Your Spouse

Once all the forms are filled out, it is crucial to serve your spouse. In Maine, it can be done either by US Mail or by asking a law enforcement officer to hand the papers to your partner. In addition, your spouse should sign a document stating that all forms have been received.

After filing with the court and serving your partner, you’ll have to wait a minimum of 60 days before a final divorce hearing can be held. This waiting period can be prolonged in case of a contested divorce, as the judge will need a lot of time to make a final ruling on all the divorce-related issues. Sometimes, the entire marriage termination process can take up to several months or years.

6. Address Issues Related to Property Division, Child Custody, and Spousal Support

Finding a compromise in the context of property division, spousal support, and child custody is the best way to terminate the marriage, as you won’t be required to participate in a contested divorce. Despite this, some couples fail to achieve this goal, causing them to spend additional time and money on court hearings.

Property Division

When it comes to the division of property, Maine is an “equitable distribution” state. Thus, all marital property is split fairly and equitably but not necessarily equally. The judge’s final decision in terms of property division will be based on:

• The contribution of each party to the acquisition of the marital property.
• The value of the property.
• The financial status of each spouse.

Child Custody

Based on the child custody laws in Maine, both the court and parents should act in the children’s best interest. Therefore, the judge won’t favor one gender of a parent over the other. The final decision will be made taking into account a variety of factors, including:

• the child’s age
• personal relationships of the child with each parent
• adjustment of the child to their current educational facility and community
• the financial status of each parent
• any history of domestic abuse in the family

Spousal Support

The court may grant alimony to one of the spouses for a limited or indefinite amount of time. Usually, it happens when there’s a significant discrepancy in income. To determine the amount of alimony that should be paid, the judge will take into consideration aspects, such as:

• the length of the marriage
• each partner’s educational status
• each partner’s financial status
• each partner’s employment potential
• each partner’s retirement benefits
• each partner’s health condition and disabilities (if any)

7. Finalize Marriage Termination

Under Maine law, your divorce can be considered final when the court signs the divorce decree. From that day, you are a single person who has the opportunity to start a new chapter in your life.