Maine Family Laws

At least one spouse must have been a resident of Maine for at least 6 months before filing for divorce.

Maine recognizes irreconcilable marital differences as the primary no-fault ground for divorce. Fault-based grounds include adultery, cruel and abusive treatment, desertion, substance abuse, and mental illness requiring confinement for 7 consecutive years.

Maine courts determine parental rights based on the best interests of the child, considering factors including the child’s relationship with each parent, the child’s adjustment to home, school, and community, the preference of the child (if of suitable age), and any history of domestic abuse.

Marital property is divided equitably, considering factors such as each spouse’s contribution to the acquisition of the property, the value of each spouse’s separate property, and the economic circumstances of each spouse. Property acquired before marriage, by gift, or by inheritance is generally nonmarital.

Maine courts may award general support, transitional support, reimbursement support, or nominal support based on factors including the length of the marriage, each spouse’s earning capacity, the standard of living during the marriage, and the needs and ability to pay.

Maine uses an income shares model that considers both parents’ gross incomes. The total basic support obligation is divided between the parties in proportion to their respective incomes. Child care costs, health insurance, and uninsured medical expenses are shared proportionally.

Victims of domestic abuse can petition for a Protection from Abuse order requiring the abuser to stay away, leave the home, and surrender firearms. Violation is a criminal offense.