Maine's Residency Requirements

Either spouse must have been a resident of Maine for 6 months or more to file for divorce.

Maine's Grounds for Divorce

Maine residents may file for divorce under fault or no-fault grounds.

Maine's no-fault grounds is:

• irreconcilable marital differences

Maine's fault grounds include:

• adultery
• desertion for 3 or more years
• impotence

Maine's Child Custody Guidelines

Divorcing parents are allowed to collaborate on a child custody arrangement. If the parents cannot reach a decision, a Maine court will make a ruling.

Maine courts consider factors such as:

• whether a child under 1 year of age is being breastfeed
• any evidence or history of abuse
• wishes of the child, if the child is of a sufficient age and capacity to decide
• whether the custodial parent would allow the noncustodial parent and the child to maintain a meaningful relationship

Maine's Child Support Guidelines

If the parents cannot agree on the amount of child support and the paying parent, child support will be decided by state-specific calculations and guidelines.

Maine courts consider factors such as:

• the standard of living experienced by the child during the marriage
• whether a non-custodial caregiver will provide care over 30% of the time
• each parent's ability to pay the calculated child support

Maine's Spousal Support Guidelines

Spousal support can be paid in one lump sum, in installments, or periodically. The spouses may determine the spousal support amount and payment schedule, or the courts may award spousal support.

Maine courts consider factors such as:

• duration of the marriage
• the standard of living experienced during the marriage
• each spouse's current, potential, and history of income

Maine's Property Division Guidelines

Maine has adopted equitable distribution guidelines, which means all property (including gifts and inheritances) will be divided as fairly and equally as possible. Spouses may collaborate on the property distribution, but if they are unable to agree the courts will make a ruling.

Maine courts will consider factors such as:

• each spouse's contribution to the property, including acquisition and upkeep
• the value of each spouse's property
• each spouse's' financial situation before and after the marriage
• each spouse's financial situation after the divorce

Maine's Venue Guidelines

A petitioner may file the divorce forms in their county of residence, or in the respondent's county of residence.