Making the decision to end the marriage is never easy. If it is your first time going through the process, it can feel confusing. This blog tackles what getting a divorce in Maine requires and considerations you may want to know about.
Meeting the state’s basic requirements
Before you can file for divorce in Maine, you need to satisfy certain residency conditions that demonstrate your connection to the state. These requirements include:
- You have lived in the state for at least six months before filing
- You are a state resident and were married in it
- You are a state resident and were living in it when the circumstances leading to your divorce occurred
- Your spouse is currently a state resident
Meeting just one of these criteria is enough to move the process forward. You can prove residency with documents such as a driver’s license, a lease or a mortgage statement.
Choosing no-fault divorce
Maine allows you to file for divorce using either no-fault or fault-based grounds.
With a no-fault divorce, you only have to state that irreconcilable differences have been reached. This means the marriage has broken down and neither of you can repair it. However, it is worth noting that if your spouse denies that the marriage has failed, the court has the authority to pause the proceedings and order counseling to see if you can save the relationship.
Choosing fault-based divorce
State law recognizes several fault-based grounds if you choose to pursue that route. These reasons can include adultery, cruel and abusive treatment, abandonment lasting three consecutive years, substance abuse or situations where a spouse refuses to provide financial support despite having the means.
The main reason people choose this type of divorce is that it can play a role in both child custody and spousal support. If you choose this path, you must provide evidence to support your claims.
Understanding the divorce process and timeline
Once you meet the residency requirements and determine your grounds, you can begin the filing process. You will need to complete a “Complaint for Divorce” and obtain a “Family Matter Summons” from the District Court clerk.
After you file your paperwork and properly serve your spouse, Maine law requires a minimum 60-day waiting period before your final hearing. This waiting period gives both parties time to resolve outstanding issues.
The waiting period serves as a baseline, but your case may take longer depending on how many issues you and your spouse need to resolve. Cases involving significant assets, minor children or disagreements about custody arrangements naturally require more time to reach a resolution.
While many aspects of divorce are procedural, an attorney provides more than just help with paperwork. Legal counsel can further guide you on parts that are difficult for you to work on alone, such as meeting strict court deadlines while the case is going on.