Divorce Law in Maine
Are you dealing with a stressful or expensive divorce in Maine ? Has your former partner already hired an attorney?
Many couples cannot settle the terms of a divorce on their own, so mediation, negotiation, or a court hearing is usually needed to finalize the case.
Issues Involved in Maine Divorce Law
Every divorce involves important decisions that must be sorted out before the court can issue a final ruling. These disagreements can be emotionally charged and may add tension to an already painful situation.
Dividing Property
Dividing marital property, debts, and assets is often one of the most disputed parts of divorce. In many states, including Maine , most property acquired during the marriage is subject to division. This category can include:
- Homes and land
- Bank accounts and savings
- Vehicles
- Retirement accounts, stocks, and other investments
Some states require a true 50/50 split. Others follow an “equitable distribution” standard, allowing a judge to divide assets based on what is fair, not necessarily equal. This means one spouse may receive more property or less debt depending on contributions, income, and financial need.
Child Support
Both parents remain responsible for financially supporting their children after separation. Child support ensures that a child’s everyday needs are covered, including clothing, food, medical care, school expenses, and other essentials.
Maine uses a guideline formula that considers each parent’s income, the child’s age, childcare costs, medical needs, and available assets. Support payments can be made online or by mail through the Department of Health and Human Services (DHHS).
If a parent fails to pay court-ordered support, DHHS has multiple enforcement tools, such as:
- Wage garnishment
- Tax refund or lottery intercepts
- Property liens
- Suspension of driver’s licenses
Courts may also find a parent in contempt, which can result in fines or jail time for persistent nonpayment.
Alimony
Alimony, also known as spousal support, depends on each couple’s financial situation. A Maine judge may order support after reviewing factors such as:
- Whether one spouse requires financial assistance
- The other spouse’s ability to pay
- Health and age of both parties
- Length of the marriage
- Earning ability and education
- Property division
- Independent investments or savings
- Responsibility for raising children
Maine law recognizes five forms of alimony: interim, general, transitional, reimbursement, and nominal. Interim support may be issued while the case is pending. General support is usually reserved for longer marriages. Transitional support gives a spouse time to return to school or reenter the workforce.
Reimbursement support may apply when one spouse financially contributed to the other’s career or education. Nominal support preserves the court’s ability to adjust support later if circumstances change.
Child Custody and Visitation
Custody issues can be the most emotionally exhausting part of a divorce that involves minor children. The court’s job is to ensure that all decisions reflect the best interest of the child.
Maine law lists several factors judges must consider, but the primary concern is the child’s health and safety. Other considerations include:
- The child’s preference, depending on age
- The child’s adjustment to home, community, and school
- Each parent’s history of caregiving
- Evidence of domestic violence or substance abuse
Maine favors solutions that allow both parents to continue meaningful relationships with their children, either through a parenting plan, mediation, or shared responsibility.
Most Maine judges award joint legal custody, meaning both parents keep the right to make major decisions for the child. Legal custody is separate from physical custody and visitation. Joint legal custody does not guarantee equal parenting time, and sole custody does not prevent the other parent from having visitation.
The Process of Going Through Divorce Law in Maine
If you are planning to end your marriage, understanding the steps of the divorce process can help you prepare in advance.
Step 1: File the Divorce Law Petition
Divorce starts when one spouse submits a written petition asking the court to dissolve the marriage. The petition must include:
- A legal basis for the divorce
- A statement confirming residency requirements
- Any additional information required by state statute
Maine allows no-fault divorce when the petition lists “irreconcilable differences” as the reason.
Step 2: Request Temporary Orders
Because divorce can take months, spouses can request temporary orders while the case is pending. Temporary orders may address:
- Child custody
- Child support
- Spousal support
- Property restraining orders
- Status quo orders
These orders help ensure financial stability and access to children while the case moves through the court system.
Step 3: Serve Your Spouse and Wait for Their Response
The filing spouse is responsible for legally serving divorce papers on the other party and filing proof of service with the court. If the spouse is willing, they can sign an affidavit acknowledging service. If not, a sheriff or licensed process server may deliver the paperwork and submit confirmation to the court.
Step 4: Try To Come to an Agreement
An uncontested divorce is always the easiest route. When both spouses agree on property division, custody, and support, the case resolves faster and with less expense. Mediation is often used to help couples reach a fair settlement and avoid trial.
Step 5: Go To Court
If negotiations fail, the case moves to a hearing before a Maine judge, who will decide all unresolved issues. In Maine, divorce cases are handled in the Family Division of the District Court. The court’s 38 judges serve eight regions across the state and handle matters involving spouses, children, and parental rights.
Step 6: Receive the Judgment of Divorce
When the hearing concludes, the court issues a formal judgment of divorce, legally ending the marriage and detailing the final terms related to property, debt, custody, child support, and spousal support.
Work With an Experienced Maine Divorce Law Attorney
If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced Maine divorce law attorney.
A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across Maine state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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