Residency & Filing Requirements

• To file for divorce in Maine, you must fall under the state's jurisdiction. In divorce suits, this is achieved by meeting residency requirements. You can file a complaint for divorce under these conditions: you've lived in Maine for six months; you are a state resident and you and your spouse were married in Maine; you are a state resident and you and your spouse resided in Maine when the cause for divorce occurred; or your spouse is a state resident. You can file for divorce in the county in which you or your spouse resides.
  
  Divorce in Maine is granted on specific "grounds," or reasons that the marriage fell apart. Maine has one no-fault ground, that of irreconcilable differences. However, you can also choose a fault ground, which states to the court that the divorce should be granted because your spouse broke the marriage contract. Fault grounds permitted in Maine are adultery, impotence, extreme cruelty, abandonment (for three years before the filing date), habitual drug or alcohol abuse, or cruel and abusive treatment. Finally, you can also choose a fault ground if your spouse is incapacitated to the point where they must have a legal guardian.
  
  Unlike many states, Maine does not impose a mandatory separation period if you choose the no-fault ground of irreconcilable differences. However, if you file on this ground and your spouse disagrees, the court has the discretion to authorize you and your spouse to attend counseling.
  
  

Property Division & Spousal Support

• How will your marital estate be divided? Will you be able to receive alimony (known as spousal support in Maine statute)? Because each divorce is unique, you cannot be sure of the outcome. However, you can see what courts consider when dividing community property and deciding if spousal support is appropriate.
  
  Maine is an equitable division state--courts will divide community property (assets and liabilities) in a manner that is fair rather than equal. When awarding community property, Maine's laws give the court the power to consider the contribution each spouse made to the acquisition of the property, including the contributions of a homemaker. The court will also consider the value of the property awarded to each spouse, the economic circumstances of the spouses, as well as the desirability of awarding the marital home to the spouse who has custodial care of children.
  
  Maine law has provisions that allow for various types of spousal support. General support may be awarded to one of the spouses in a marriage of long duration (ten years or more) to ensure that the spouse is able to maintain the same standard of living as during the marriage. There is also short-term transitional support, which helps one spouse gain self-sufficiency and reentry into the workforce through job training or education. Maine also allows reimbursement support in cases where one spouse made significant contributions to getting the other through school in order to enhance his or her career, or if one of the spouses squandered the marital property during the course of the marriage.
  
  

Where Else Can You Get Advice?

• When it comes to your divorce, don't trust Internet forums or "free advice" websites. These may not reflect accurate information about Maine's divorce laws, or they may be outdated. Once you've read through your state's divorce laws, seek the advice of an attorney who specializes in family law in Maine. If you can't afford an attorney, see if there are pro bono services available in your area (see Resources).