Much like any other state in the country, anyone wanting to divorce in Maine must meet certain eligibility requirements in order to file. These are outlined in the Maine Code Revised Title 19-A, Chapter 29: Divorce.
In order to be eligible to file for divorce in Maine, the plaintiff or defendant must actually reside within the state and have done so for a period of at least six months prior to filing their petition. The plaintiff or defendant must also have been married in the state or have lived in Maine when they decided to either separate from their spouse or initiate divorce proceedings.
A husband or wife looking to divorce their spouse can choose to end their marriage on either “no-fault” or “at-fault” grounds.
The only “no-fault” reason an individual can pursue a divorce is that the spouses have “irreconcilable differences.”
There are many at-fault reasons a spouse can petition to end their marriage. Some of those reasons include impotence, cruelty, addiction, nonsupport, adultery, incapacity or desertion.
Two primary defenses are widely accepted as ways to respond when a husband or wife is sued for divorce. They can claim recrimination, which means that both were comparatively at fault. They can argue that both spouses had previously forgiven each other for their indiscretions and had moved on. This is referred to as condonation.
Individuals who are unable to get the type of divorce that they want in Maine can go to another state to legally end their marriage; however, it won’t be recognized here if they do. If you get divorced in another state for a reason that is also valid in Maine, then the end of your marriage would be recognized here as well.
While couples who are facing an uncontested divorce may be able to negotiate an end to their marriage on their own, it’s not always in their best interests to do so. Lewiston area Spouses who have property to divide or custody arrangements to negotiate should always have an experienced Maine divorce attorney handle their case to ensure that their interests are protected.