Top 5 Maine Divorce Laws

The top 5 things everyone should know about Maine divorce laws.


To divorce in Maine, one spouse must be a resident for at least 6 months prior to filing, unless the grounds for divorce occurred in Maine.

In Maine, the only no-fault ground for divorce is irreconcilable marital differences. There are 7 fault-based grounds for divorce, some of which include: confinement for incurable insanity for 7 consecutive years, impotence, desertion for 3 years, and alcoholism/drug addiction.

When determining child support, Maine courts consider factors that include, but are not limited to: the child’s preference, each parent’s inclination to allow the other spouse access to the child, and each parent’s ability to provide a stable and loving environment.

Individual property is not divided in Maine, and is defined as property obtained by gift or inheritance, acquired prior to marriage, and any purchases that improve the value of the individual property. The marital property is divided based on contributions each spouse made to the marital property, the value of the individual property, and financial situation of each spouse at time of division.

If one spouse denies there are irreconcilable differences, or if there is a child involved in a contested divorce, then mediation is mandatory.

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