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- Maine Divorce Law -

Statutory Reference to Maine Revised Statutes Annotated:

Residence: tit. 19-A, § 901

Divorce: tit. 19-A, § 902

Property Division: tit. 19-A, § 953

Alimony: tit. 19-A, § 951

Custody: tit. 19-A, § 1653

Visitation: tit. 19-A, § 1653

Child Support: tit. 19-A, § 2001-2010

 

Residence:

The complainant must live in the jurisdiction for six months prior to filing the complaint.

 

Grounds:

(1) irreconcilable marital differences; (2) adultery; (3) impotence; (4) extreme cruelty; (5) desertion for three years; (6) gross and confirmed habits of intoxication; (7) nonsupport; (8) cruel and abusive treatment; (9) mental illness requiring confinement for at least seven consecutive years.

 

Distribution of Property:

Equitable distribution of property based on dual classification of property. 

Marital property means all property acquired by either spouse during the marriage, except (1) property acquired by gift, bequest, devise or descent; (2) property acquired in exchange for pre-marital property or in exchange for property acquired by gift, bequest, devise or descent; (3) property acquired after decree of legal separation; (4) property excluded by valid agreement of the parties; (5) increase in value of property acquired prior to the marriage.

The court shall divide the marital property after considering (1) the contribution of reach spouse to the acquisition of marital property, including homemaker efforts; (2) the value of each spouse's separate property; (3) the economic circumstances of each spouse. 

 

Alimony/Spousal Support:

The court may award periodic or lump sum alimony.  The court may also award non-modifiable alimony.  The court shall consider: (1) the length of the marriage; (2) the parties' ability to pay; (3) the parties' ages; (4) the parties' employment history and earning potential; (5) the parties' education and training; (6) the parties' retirement and health insurance benefits; (7) tax consequences of property division; (8) parties' health and disabilities; (9) tax consequences of alimony award; (10) contributions as homemaker; (11) parties' contribution to education of other; (12) economic misconduct; (13) standard of living during the marriage; (14) any other factor deemed appropriate.

Child Custody/Visitation:

 

When the parties have agreed to shared parental rights and responsibilities, the court shall make such an award absent substantial evidence that it should not be ordered.

In making an award of parental rights and responsibilities, the court shall apply the best interests of the child standard, considering 15 listed factors. 

The court may not apply a preference for one parent over the other on account of either parent's gender or the child's age and gender. 

The court may order third party visitation. 

 

Child Support:

Child Support Guidelines are statutory.  They are based on the Income Shares Model, based on gross income. 

 


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