A marriage is a relationship sanctioned and guided by certain laws. Spouses enter into legal contract of sorts once married and the decision to get a divorce also requires legal intervention to sort out issues of custody, property and finances. While the process of divorce follows a similar course in most US states, each state does have variations in divorce law in areas such as filing requirements and legal grounds for requesting a divorce. In Maine, Title 19 of the state's revised statutes outline divorce laws in the state. Like any legal matter, it can get complex and anyone with questions about laws in this area should consult with an experienced divorce attorney in the state.
Filing Requirements
In order to file for divorce in the state of Maine, the plaintiff (person filing for divorce) must have lived in Maine for at least six months prior to the petition, the plaintiff has lived in Maine and got married in the state, the plaintiff lives in the state and the reasons for divorce occurred in Maine or the defendant (non-filing spouse) lives in the state.
Grounds
Maine state law requires the petitioner to list the grounds for divorce in the petition to dissolve the marriage. Fault-grounds include adultery, impotence, extreme cruelty, desertion by one spouse for at least consecutive years, drug and alcohol abuse, failure of one spouse to support the other adequately, confinement in a mental institution for at least seven years prior to action and abuse.
A spouse can also file based on irreconcilable differences and the court can order counseling if the non-filing spouse argues against this claim. State law does not require a witness to confirm grounds if the defendant does not contest the allegations.
Investigation
When a couple seeking divorce has minor children, the court can order an investigation by a third party to gather information about the circumstances of the divorce, the parents and the children. This report will go to the court no later than three days before the hearing. Interested parties can request the testimony of the investigator. The couple will incur costs of all or part of the investigation if for any other reason than suspected abuse or neglect.
Division of Property
Maine distributes property equitably---this does not necessarily imply equally. The court takes several factors into account including the length of the marriage, each spouse's contribution to the property and economic circumstances among other things. The court will not include certain types of property including but not limited to property acquired after a legal separation, gifted or inherited property and any property made agreed provisions about beforehand.
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