Maine Divorce FAQs
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By Law Office of Barbara A. Cardone, P.A.
Published: July 17, 2004 |
Where do I file for divorce in Maine?
A person seeking a divorce may file a complaint for divorce in the Maine Superior Court or in the Maine District Court. If you file in Superior Court, it should be in the county where either you or your spouse live. If you file in the District Court, it should be in the judicial district where either you or your spouse live.
Who can file for divorce in Maine?
Either party to a marriage may file for divorce in Maine if at least one of the following is true:
a. The person filing for divorce has resided in good faith in Maine for six months prior to beginning the action for divorce;
b. The person filing for divorce is a resident of Maine and the parties were married in Maine;
c. The person filing for divorce is a resident of Maine and the parties lived in Maine when the cause of divorce arose; or
d. The other party to the marriage is a resident of Maine. These requirements, known as the jurisdictional requirements for a divorce in Maine, can be found in the Maine statutes at 19-A M.R.S.A. § 901.
What do I need to show for proof in order to have a court grant the divorce?
The proof that you will need will depend on the grounds for divorce. Maine recognizes several grounds for divorce (set forth in 19-A M.R.S.A. § 902), but by far the most common ground is the no fault ground of irreconcilable differences. It requires testimony that the differences are irreconcilable and that the marriage has irretrievably broken down. This can be done through testimony of the parties.
How long will it take to get a divorce?
A divorce hearing cannot take place until at least 60 days from the date that the defendant is served with a summons and complaint for divorce. After that, the speed at which you get divorced depends upon whether or not you and your spouse have agreed to all of the issues or whether you need to be put on the court docket to have a contested hearing.
What issues does a divorce court decide as part of a divorce action?
In addition to dissolving the bonds of matrimony, a divorce court will address the issues of property division (both real estate and personal property), parental rights and responsibilities for minor children (including child support), spousal support (also called alimony), attorney fees, and a name change for either party requesting that a name be changed or a former name restored. Not all of these issues will apply to all divorces.
Can I represent myself in a divorce?
You always have the right to represent yourself in court. If you have any concerns about doing so, if you are unsure of your rights under the law, or if any of the issues in your divorce are contested, then you would be wise to seek the advice of a lawyer. Divorces that are done wrong in the beginning in order to save money may cost even more money in the future if you need the assistance of a lawyer to straighten out the mess. When you are dealing with the division of assets, once a division is made and a judgment is final, you cannot go back and have the court redistribute the property.