A court may grant a separation when one or both spouses wish to be legally separated but not divorced. This means that either spouse can file for a separation alone or by mutual agreement. Both spouses do not have to agree to a separation.
After a couple is legally separated, they cannot remarry, although their marital rights cease. They may or may not live separately. If they have children, they would have to resolve issues of child custody and child support. One spouse may have to pay alimony to the other, depending on their circumstances.
Divorce, on the other hand, permanently ends the legal marriage relationship. While counseling is not required before a divorce, all divorces in which one spouse contests the grounds must undergo a mediation process in Maine. The goal of mandatory mediation is to reduce the costs to the spouses and improve the efficiency of the process. An additional goal is to help the spouses reach a mutual agreement about the issues in their divorce so that the issues that must be resolved through a trial are reduced to a minimum.
A person does not have to be represented by a lawyer during the mediation process, but it could be helpful, especially if the divorce involves children or significant assets. It is important to remember that the goal of mediation is to help the spouses agree on the issues in their divorce that are acceptable to both. So, the spouses decide important issues about the division of property, child custody, and alimony in mediation. They may want to have the guidance of a lawyer in doing this.
To obtain a divorce in Maine, a person or their spouse must have lived in Maine for at least 6 months or be a resident of Maine.
What Paperwork Do I Need to File for Divorce?
Maine has established a five-step process for divorces that involve children. Certain paperwork must be filed in the beginning and other documents are required as the divorce proceeds. It would probably be beneficial to have a lawyer to help a person through the process.
- File a Divorce Complaint: This is the initial paperwork that sets the legal process in motion and states the requests of the spouse who files it with respect to the issues in the divorce. For example, a spouse might request sole or primary legal and physical custody of the children of the marriage. A child support affidavit and a financial affidavit should be completed and submitted along with the complaint;
- Service of Documents: The paperwork described in Step 1 must be delivered to the person’s spouse. This is called “service of process” in legal terminology. Improper service, or failing to serve, can lead to the divorce complaint being dismissed or challenged at a later time;
- Case Management Conference: A court will meet with the person who filed the complaint and their spouse to discuss preliminary issues, such as temporary child custody, child support, and alimony until the divorce is finalized. The court also sets guidelines for the mediation that is to come;
- Mediation: Both spouses must attend mediation. This process can take time, depending on the complexity of the divorce. People can prepare themselves by gathering and reviewing paperwork related to family matters, investments, assets, real estate, income, and debt.
A person may be able to challenge the findings of the mediator, but this is not very likely. A person should assume that if an agreement is reached in mediation, it is presented to the court and will become part of the final divorce decree.
If a settlement cannot be reached on all issues in the mediation, then there would be a trial on those issues on which there is no agreement. But negotiations directed at settling remaining issues may continue. If a settlement cannot be reached, the court would hold a trial on the issues and issue a ruling in the final divorce decree.
What Are the Grounds for Divorce in Maine?
Grounds for a divorce are the legally acceptable reasons for getting a divorce. In Maine, a judge can grant a divorce if the following is shown:
- A person’s spouse has committed adultery;
- A person’s spouse is impotent;
- A person’s spouse treats them extremely cruelly;
- A person’s spouse has deserted them for three consecutive years before the person files for divorce;
- A person’s spouse has confirmed addition to drugs or alcohol;
- A person’s spouse does not support them despite having the ability to do so;
- A person’s spouse engages in cruel or abusive treatment; or
- A person’s spouse has been declared incapacitated, and a full-time guardian with full powers has been appointed to manage their affairs.
When filing for divorce in Maine, a person can claim that they and their spouse have irreconcilable differences, which means a complete marriage breakdown. If the person’s spouse disagrees with the claim that the spouses have irreconcilable differences, a judge can require the spouses to counsel with a qualified professional counselor.
The counselor will then give the court and the spouses a written report about the counseling. If the party who has denied that there are irreconcilable differences refuses to go to counseling without a valid reason, the judge may take this as evidence that there are irreconcilable marital differences.
Divorce proceedings can be closed to the public to protect the parties’ privacy.
Marital Property vs. Separate Property
Maine is considered an equitable distribution state. This means that marital property, i.e., property that belongs to the spouses jointly, is divided fairly after consideration of the following:
- The contributions made by each spouse to the marriage. This would include contributions that one spouse may have made as a homemaker;
- The value the property has for each of the spouses, and
- The economic impact the property has, at the time of the divorce, on the family.
One initial issue is characterizing the property owned by the spouses as marital or separate. Generally, marital property is property that the spouses acquire while married. Property they acquire before their marriage would be considered separate property that would be awarded to the spouse who had it before the marriage.
If during the marriage, a spouse acquires property by inheritance, gift or it is characterized as separate by a valid prenuptial agreement, then the property is separate and would be awarded to the spouse who received it.
Separate property can be converted to marital property during marriage if it is commingled. For example, the spouse that owns the property before the marriage may add their spouse’s name to the title of a car or a house. Then the spouse may contribute to making car payments or mortgage payments. In this way, the property may be converted from separate to marital.
In addition to the marriage’s assets, debts must also be addressed. It must be determined which spouse will assume responsibility for paying off the spouse’s debts.
Property division can be one of the most complicated issues in a divorce. It can be challenging to value the family home or business, and arranging for one party to buy out the interest of the other can be difficult.
What Should I Do If There Are Children Involved?
The child’s best interests are the standard for deciding child custody in a divorce. For example, stability in the child’s life will be given great weight. Often the parent who can provide the child with a comfortable and safe environment is given primary or sole custody.
However, most courts today favor shared or joint custody arrangements because this helps the child maintain relationships with both parents.
If domestic violence is an issue in the marriage, then the victim’s spouse may want to take special precautions, such as seeking a protective order.
If one parent has primary or sole custody and the other has limited custody or visitation only, the other parent may be required to pay child support. Maine applies the income shares model for calculating child support. In this model, a percentage of each parent’s income is expected to be used to meet the child’s financial needs.
First, costs are estimated according to the costs incurred when the family lives together.
Each parent is then responsible for paying a percentage of the total support obligation based on the parent’s share of the total combined gross income they earn. Paying support is dependent on the custody arrangement and visitation schedule.
Do I Need to Pay Alimony?
Depending on the facts and circumstances of a person’s divorce, one spouse may be required to pay alimony to the other. The mediation process allows each party to discover the other party’s assets, debts, and income.
Therefore, if one spouse was the primary earner, then that spouse may be required to continue their financial support of the other.
Where Can You Find the Right Divorce Lawyer?
If you are considering divorce or are facing a divorce, then it is in your best interest to contact an experienced Maine divorce lawyer today to discuss your rights and options under the divorce laws of Maine. If there are children and a couple has significant assets to divide, they would probably consult a divorce lawyer to ensure the best outcome from the divorce process.
