Maine Divorce Procedures

Maine Divorce Procedures

Complete overview of Maine divorce laws for people considering a Maine divorce or filing a Maine divorce with issues to be resolved about child custody, child support, visitation and alimony.

Maine Divorce Residency Requirements

In order to file your Complaint for Divorce in Maine, you must make sure the Family Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Maine residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:

A person seeking a divorce may file a complaint for divorce in the District Court if:

a) The plaintiff has resided in good faith in this State for 6 months prior to the commencement of the action; 
b) The plaintiff is a resident of this State and the parties were married in this State; 
c) The plaintiff is a resident of this State and the parties resided in this State when the cause of divorce accrued; or 
d) The defendant is a resident of this State. The divorce may be filed in either county in which the parties reside.

The Dissolution of Marriage is typically filed with in county in which the filing spouse lives.

The right to file a complaint or bring a petition may not be denied a person for failure to meet a residency requirement if the person is a member of the Armed Forces of the United States on active duty stationed in this State or the spouse of that member or a parent of a child of that member. The member is deemed to be a resident either of the county in which the military installation, or other place at which the member has been stationed, is located or of the county in which the member has sojourned.

(Maine Revised Statutes – Title 4 – Sections: 155 and Title 19-A – Section 902)

Since divorce is governed by state law, it is required that you meet specific residency requirements in order to file for a divorce in the state of Maine. It is most common that people file for a divorce in the county in which they live. If you are unsure of whether or not you meet the Maine residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.

Maine Grounds for Divorce

The Complaint for Divorce is the initial document filed with the Maine court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.

A divorce sall be granted for one of the following causes:

No-Fault Based Grounds:
a) Irreconcilable marital differences;  

Fault Based Grounds:
a) Adultery; b) Impotence; c) Extreme cruelty; d) Utter desertion for at least 3 years; e) Habitual drug or alcohol use; f) Nonsupport, when one spouse has sufficient ability to provide for the other spouse and grossly, wantonly or cruelly refuses or neglects to provide suitable maintenance for the complaining spouse; g) Cruel and abusive behavior of one spouse to another; h) Mental illness medical attention for at least 7 years.

(Maine Revised Statutes – Title 19A – Sections: 902)

Every divorce case that is filed in the state of Maine must declare the grounds in which the divorce is to be granted. The grounds for divorce must be substantiated with evidence or testimony otherwise the court may dismiss the case. When you are petitioning the court for a divorce, or agreeing to a divorce, make sure that you completely understand the grounds and any potential legal repercussions.

Maine Uncontested Divorce

This information is an overview of the uncontested Maine divorce filing process and a summary of the divorce papers that are typically filed with the family law or domestic relations clerk. This overview is not intended to be an exact step-by-step guide for those “do it yourself divorce” filers, due to the fact that many cases are unique and the overview presented here is often not the only method of obtaining an uncontested divorce in Maine.

To file for a divorce in Maine, either spouse must be a resident of the state, or the grounds for the action must have happened in Maine. If not, the filing spouse must be a resident of Maine for six months immediately prior to filing. The action may be filed in the District Court in the county where either spouse resides; however, the defendant spouse has the right to move the action to the state Superior Court.

Grounds for divorce are No-Fault, which means “[i]rreconcilable marital difficulties”; and general grounds that include 1) impotence, 2) adultery, 3) alcoholism and/or drug addiction, 4) confinement for incurable insanity for seven years, 5) desertion for three years, 6) cruelty or abuse, 7) nonsupport “whereby a spouse is able to provide support but grossly, wantonly and cruelly neglects to provide suitable maintenance for the complaining spouse.”

Actions are filed in the District Court of the county or the Superior Court. The filing spouse is called the Plaintiff; the responding spouse is called the Defendant.

Legal separations are granted if the spouses are or desire to live apart with just cause for more than 60 days, but when minor children are involved, the court may order mediation between the spouses.

When a divorce is not contested, corroborating testimony is not required in divorce actions.

Indigent Plaintiffs or Defendants may file a CV-067, Application to Proceed Without Payment of Fees, and a CR-032, Indigency Affidavit, which may exempt him or her from payment of some or all fees associated with the action.

To file for divorce in a marriage with no children, the Plaintiff must file the following forms:

a) FM-002, Confidential Family Matter Sheet, which identifies the parties and the type of action;

b) FM-005, Complaint for Divorce (no minor children), which lists the ground for the action and the type of relief sought;

c) CV-038, a Family Matter Summons and Preliminary Injunction, which must be obtained in person from the clerk at the time of the filing and which informs the Defendant that the action has begun, enjoins him or her from dissipating marital assets, and gives him or her 20 days to file an Answer;

d) CV-036, Acknowledgement of Receipt of Summons and Complaint or Post-Judgment Motion, which acknowledges the Defendant’s receipt of service and establishes that he or she will participate in the case;

e) FM-052, Federal Affidavit, which attests to the fact that the Defendant is not in the military and protected by the Servicemembers’ Civil Relief Act, and which must be filed if he or she fails to file an answer or enter an appearance;

f) FM-043, Financial Statement, which is completed by both parties and details the finances of each. This form is used when the spouses disagree about the division and distribution of the marital estate or alimony. If either party owns real estate, the spouses must complete a CV-056, Certificate Regarding Real Estate, so that the title to the land will be clear after the divorce.

The Defendant must be served a copy of the Complaint and Summons. This can be done in one of three ways:

a) By Mail, in which case he or she signs the Acknowledgement of Receipt of Summons and Complaint within 20 days and returns it to the Plaintiff, or if this does not work;

b) By Certified Mail, Return Receipt, Restricted Delivery, in which case he or she signs the green card certifying delivery; or

c) By Sheriff, in which case he or she completes the second page of the Summons and thus certifies Proof of Service.

If the Defendant cannot be located or will not accept Service of Process, the Plaintiff may serve him or her by publication. To do this, the Plaintiff must prepare these forms:

a) CV-072, Motion for Service by Publication and Affidavit, which describes the Plaintiff’s effort to located the missing spouse;

b) CV-144, Order for Service by Publication, which is signed by the judge and permits the Plaintiff to advertise the legal action in a newspaper;

c) A cover letter to the newspaper selected to publish the notice of the action;

d) A CV-73, Verification, completed by the newspaper attesting to the publication.

Publication must begin within 20 days of the date of the order. The notice is published once a week for three consecutive weeks. The verification of publication is returned to the Plaintiff. The Defendant has 21 days to answer the notice, after which a hearing on the action is held, usually 60 days later on a default decree.

To file for divorce in a marriage with children, the Plaintiff must file the following:

a) FM-004, Complaint for Divorce (with children);

b) FM-040, Child Support Worksheet, which shows the calculations by which child support is determined;

c) FM-050, Child Support Affidavit, which stipulates the terms and conditions of child support.

The Defendant is served in the same way as in a marriage without children except that he or she also receives a copy of the Child Support Affidavit along with the Compliant and the Summons and Preliminary Injunction.

Upon receiving the divorce papers, the Defendant may file the following:

a) FM-020, Entry of an Appearance, by which he or she states his or her claims in issues including parental rights and responsibilities, alimony, child support, attorney’s fees and division and distribution of marital property; or

b) An Answer and Counterclaim for Divorce, by which he or she agrees or disagrees with all or some of the allegations in the Complaint.

If there are no disputes about the marital estate, the Defendant may file an FM-042, Certificate in Lieu of Financial Statement, which attests that neither party is seeking alimony, attorney’s fees; that neither owns real estate and that all personal property has been divided to the satisfaction of both parties, and action may move along in a uncontested way.

If there are issues involving minor children involved, the Defendant may instead file the following:

An Answer and Counterclaim for Parental Rights and Responsibilities, in which he or she asserts his or her claims about his or her rights and responsibilities in regard to the children.

About two weeks after the Defendant has been served and the papers have been filed, the court schedules a Case Management Conference before a Family Law Magistrate.

Normally, when children are involved, the Case Management Conference involves the following:

a) Interim arrangements for children, including residence, parent/child visitation, insurance, child support, interims responsibility for debt and interim spousal support;
b) Issues in dispute;
c) Deadlines for moving the case to resolution, including any discovery and mediation;
d) Payment of fees, including mediation fees.

Normally, in cases of divorces without children, the action moves forward without any steps involving the Family Law Magistrate. If the couple come to an agreement, the spouses can file an FM-054, Certificate in Lieu of Case Management Conference, and the action can move along toward a final hearing.

If the parties have not reached agreement, the court may order mediation, after which it may hold a status conference, followed by a second round of mediation, after which the case can move a number of trajectories. If after mediation, the couple comes to an agreement on all issues, a magistrate’s hearing is scheduled and after a few questions and a review of the agreement a final divorce order is decreed. Or this may be followed by a pretrial conference and a final hearing, which is the last step in the action unless either party files an appeal within 21 days of the judge’s or magistrate’s order in the case.

Maine Simplified Divorce Procedures

If the divorce is not contested, testimony of a corroborating witness is not necessary.

[Maine Revised Statutes Annotated; Title 19-A, Section 901].

Each state has its own unique filing procedure. When filing for divorce in Maine, you must adhere to the strict filing guidelines and prepare and submit the appropriate mandatory divorce documents to the county court. You will discover that some documents may be provided by the Maine Legal System and others must be constructed on a case-by-case basis containing certain information and criteria to adhere to the Maine Laws and the filing requirements.

Maine Property Division Factors

In Maine, the property and debt issues are typically settled between the parties by a signed Marital Settlement Agreement or the property award is actually order and decreed by the Domestic Court within the Judgment of Divorce.

Maine is referred to as an “equitable distribution” state. When the parties are unable to reach a settlement, the Domestic Court will take the following approach to dividing the assets; First, it will go through a discovery process to classify which property and debt is to be considered marital. Next, it will assign a monetary value on the marital property and debt. Last, it will distribute the marital assets between the two parties in an equitable fashion. Equitable does not mean equal, but rather what is deemed by the Domestic Court to be fair.

The court shall set apart to each spouse the spouse’s property and shall divide the marital property in proportions the court considers just after considering all relevant factors, including: 1) The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker; 2) The value of the property set apart to each spouse; and 3) The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live in the home for reasonable periods to the spouse having custody of the children.

(Maine Revised Statutes – Title 19A – Sections: 953)

Since Maine is an “Equitable Distribution” state, all marital property will be divided in an equitable fashion according to the court unless agreed to otherwise by the divorcing spouses. What does “equitable” mean? Equitable can be defined as “what is fair, not necessarily equal.” To automatically believe the marital property would be divided 50-50 would be a wrong assumption in any equitable distribution state.

Maine Spousal Support/Maintenance/Alimony Factors

In Maine the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the Domestic Court will order support from one spouse to the other on a case-by-case basis as follows:

The court shall consider the following factors: 1. The duration of the marriage; 2. The ability of each party to pay support; 3. The ages; 4. The employment history and employment potential of each party; 5. The income history and income potential of each party; 6. The education and training of each party; 7. The provisions for retirement and health insurance benefits of each party; 8. The tax consequences and the property award 9. The health and disabilities of each party; 10. The tax consequences of a spousal support award; 11. The contributions as a homemaker; 12. The contributions of either party to the education or earning potential of the other party; 13. Dissipation of assets by either party; 14. The standard of living of the parties while married; 15. The ability of the party seeking support to become self-supporting within a reasonable period of time; 16. The effect of the following on a party’s need for spousal support or a party’s ability to pay spousal support; 17. Any other factors the court considers appropriate.

(Maine Revised Statutes – Title 19A – Sections: 851, 951)

Maine Child Custody Factors

In Maine, when deciding a child custody arrangement, the court shall consider the following factors:

1. The age of the child;

2. The relationship of the child with the child’s parents and any other persons who may significantly affect the child’s welfare;

3. The preference of the child, if old enough to express a meaningful preference;

4. The duration and adequacy of the child’s current living arrangements and the desirability of maintaining continuity;

5. The stability of any proposed living arrangements for the child;

6. The motivation of the parties involved and their capacities to give the child love, affection and guidance;

7. The child’s adjustment to the child’s present home, school and community;

8. The capacity of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical access;

9. The capacity of each parent to cooperate or to learn to cooperate in child care;

10. Methods for assisting parental cooperation and resolving disputes and each parent’s willingness to use those methods;

11. The effect on the child if one parent has sole authority over the child’s upbringing;

12. The existence of domestic abuse between the parents, in the past or currently, and how that abuse affects: 

13. The existence of any history of child abuse by a parent;

14. All other factors having a reasonable bearing on the physical and psychological well-being of the child;

15. A parent’s prior willful misuse of the protection from abuse process

16. If the child is under one year of age, whether the child is being breast-fed; and

17. The existence of a parent’s conviction for a sex offense or a sexually violent offense.

(Maine Revised Statutes – Title 19A – Sections: 1501, 1653)

In Maine, as with all other states, the court will always be looking out for the best interests of the children. What you want or your spouse wants is not really relevant until the court says it is. Many parents go to custody hearings not realizing that they must portray themselves as the best custodial parent rather pleading to the court that they simply deserve the children. The court would much prefer the parents to decide who should have custody, but if they can’t, the court will do it for them.

Maine Child Support Factors

Either or both parents may be ordered to pay child support, regardless of any marital fault. An order for support may require that a parent be responsible for an insurance policy covering the child’s medical, hospital, and other health care expenses. There are official Child Support Guidelines contained in the statute. These guidelines are presumed to be correct unless there is a showing that the amount would be unjust, inappropriate, or not in the best interests of the child under the particular circumstances in a case. There are also official child support guideline forms in use.

Deviation from the guidelines is allowed under the following circumstances:

1. the non-primary residential caretaker is providing residential care over 30% of the time;
2. the number of children requiring support is over 6;
3. child support, spousal support, and property division is being decided at the same time;
4. the financial resources of the child;
5. the financial resources and needs of each parent, including any nonrecurring income not included in the definition of gross income;
6. the standard of living the child would have had if the marriage had continued;
7. the physical and emotional condition of the child;
8. the educational needs of the child;
9. inflation in relation to the cost of living;
10. income and financial contributions of a spouse of each parent;
11. other dependents of the parent required to pay support;
12. the tax consequences of a support award;
13. any non-income-producing assets of over $10,000.00 owned by either parent;
14. whether any of the children are over 12 years old; and
15. the cost of transportation of any child.

[Maine Revised Statutes Annotated; Title 19-A, Sections 2001 to 2009].

Maine child support is typically calculated by using a Child Support Worksheet. The worksheet will generate an appropriate Maine child support obligation according to each spouse’s income and other relative numeric factors such as taxes paid and retirement contributions, etc.. Once this amount is determined it is essential to take a look at any appropriate Maine child support deviation factors that may be applicable to the situation.

Maine Grandparent’s Rights

Grandparent Rights to Visitation: Visitation may be granted if at least one of the child’s parents or legal guardians has died. Until October 1, 1995, visitation also may be granted if there is a sufficient existing relationship between the grandparents and the grandchild or if a sufficient effort has been made to establish one. In all cases, the visitation must be in the child’s best interest and not significantly interfere with any parent-child relationship. Title 19, Maine Revised Statutes Annotated, Section 1001 (19 M.R.S.A. §1001 et seq.). Additional affidavit required.

When Adoption Occurs: Adoption terminates all rights.

Child Custody Statutes: Best interest of child considering: a) child’s age; b) child’s relationship with each party and other significant persons; c) preference of child, if of suitable age and maturity; d) duration and adequacy of child’s current living arrangement, and desirability of maintaining continuity; e) stability of proposed living arrangement; f) motivation of the parties and their capacity to give love, affection and guidance; g) child’s adjustment to home, school and community; h) each party’s capacity to allow and encourage a relationship between the child and the other party; i) each party’s capacity to cooperate in child care; j) the methods for assisting parental cooperation and resolving disputes, and each party’s willingness to use those methods; k) effect on the child if one party has sole authority regarding upbringing; l) any history of domestic abuse; and m) any other relevant factor. 19 M.R.S.A. §§ 214 & 752.

Parents May Choose: Yes

Maine Military Divorce Laws

A Maine military divorce creates several unique issues as compared to a typical civilian divorce, which is why specific state and federal laws and rules will apply.

Military Protection From Maine Divorce Proceedings

There are laws set up to protect active duty military members against being held in “default” from failing to respond to a divorce action. These laws were enacted to protect active military from being divorced without knowing it.

Under the Soldiers and Sailors Civil Relief Act, 50 UCS section 521 and in the discretion of the local Maine court, the divorce proceeding may be postponed for the entire time the active service member is on duty and for up to 60 days thereafter (This is typically the case when the active member is serving in a war). Also, this right to have the divorce proceedings postponed can be waived by any active duty member should he or she wish to get the divorce.

Serving an Active Military Spouse

The active duty spouse must be personally served with a summons and a copy of the divorce action in order for a Maine court to have jurisdiction over the active military member. In an uncontested case, the active duty spouse may not have to be served as long as he or she signs and files a waiver affidavit acknowledging the divorce action.

Residency and Filing Requirements

The typical military divorce filing requirements are as follows:

a) You or your spouse must reside in Maine
b) You or your spouse must be stationed in Maine

Grounds for Maine Military Divorce

The grounds for a military divorce in Maine are the same as a civilian divorce.

Dividing the Property

Along with the normal Maine property division laws, the federal government has enacted the Uniformed Services Former Spouses’ Protection Act (USFSPA) that governs how military retirement benefits are calculated and divided upon divorce. The USFSPA is the governing body that authorizes a direct payment of a portion of a military retirees pay to the former spouse.

The federal laws will not divide and distribute any of the military members retirement to the spouse unless they have been married 10 years or longer while the member has been active duty military.

Child Support and Spousal Support

In Maine, both child support and spousal support/alimony awards may not exceed 60% of a military member’s pay and allowances. The normal Maine child support guidelines, worksheets and schedules are used to determine the proper amount of child support to be paid.

Maine Child Support Guidelines

The Maine child support guidelines “at a glance” provides a quick reference to what applicable child support laws are considered and/or not considered when determining the appropriate Maine child support order.

Maine Child Support Guidelines

• Income Share Model *: YES
• Percent of Income Model *: NO
• Worksheets Available: YES
• Extraordinary Medical Expenses Add on: YES
• Childcare Add on: YES
• Secondary Education Support: NO
• UIFSA: YES

* The Income Shares Model: Maine child support is calculated by estimating the amount of support that would have been available to the child(ren) if the family had remained intact. This estimated amount is then divided proportionally to the parents according to each parent’s income. This is easily done by using the Maine child support worksheet and the estimated incomes are typically substantiated by past pay stubs or w-2s.

For example: If the father has a higher income than the mother, he would then be responsible for the greater portion of the child support obligation. Conversely, if the father has a lower income than the mother, he would then be responsible for the smaller portion of the child support obligation.

As a reminder, the child support obligation can manifest itself differently between a custodial and a noncustodial parent.

For example: It is not common for a custodial parent to be paying support to a non-custodial parent.

Maine Child Support Definitions
 
Definition of Gross Income:

GROSS INCOME. “Gross income” means gross income of a party as follows.

A. Gross income includes income from an ongoing source, including, but not limited to, salaries, wages, commissions, royalties, bonuses, dividends, severance pay, pensions, interest, trust funds, annuities, capital gains, social security benefits, disability insurance benefits, prizes, workers’ compensation benefits, spousal support actually received pursuant to a preexisting order, and educational grants, fellowships or subsidies that are available for personal living expenses. Gross income does not include child support received by either party for children other than children for whom support is being determined.

B. Gross income includes expense reimbursements or in-kind payments received by a party in the course of employment or self-employment or operation of a business if the expense reimbursements or in-kind payments reduce personal living expenses.

C. Gross income includes gross receipts minus ordinary and necessary expenses when a party is self-employed or derives income from proprietorship of a business, joint ownership of a partnership or a closely held business operation, and rents minus ordinary and necessary expenses. At the discretion of the court, amounts allowable by the United States Internal Revenue Service for the accelerated component of depreciation expenses or investment tax credits may or may not be treated as ordinary and necessary expenses. The court may also determine that other business expenses, including, but not limited to, business losses, are inappropriate for determining gross income for purposes of calculating child support.

D. Gross income may include the difference between the amount a party is earning and that party’s earning capacity when the party voluntarily becomes or remains unemployed or underemployed, if sufficient evidence is introduced concerning a party’s current earning capacity. In the absence of evidence in the record to the contrary, a party that is personally providing primary care for a child under the age of 3 years is deemed not available for employment. The court shall consider anticipated child care and other work-related expenses in determining whether to impute income, or how much income to impute, to a party providing primary care to a child between the ages of 3 and 12 years. A party who is incarcerated in a correctional or penal institution is deemed available only for employment that is available through such institutions.

E. Gross income does not include the amount of preexisting spousal maintenance or child support obligation actually paid pursuant to court or administrative order, or an appropriate amount of child support being voluntarily paid by a party who has a legal obligation to support that child.

F. Gross income does not include the actual incremental cost to a party for the provision of adequate health insurance coverage for each involved child.

G. Gross income does not include the amount of money received from means-tested public assistance programs, including, but not limited to, Temporary Assistance for Needy Families, supplemental security income, food stamps and general assistance.

Adjustments to Income:

CHILD CARE COSTS. “Child care costs” means the actual child care costs incurred by the parties for each child for whom support is being established that are related to that party’s employment, education or training and are reasonable or customary in the area in which that party resides.

EXTRAORDINARY MEDICAL EXPENSES. “Extraordinary medical expenses” means uninsured expenses over $ 150 in the aggregate per child or group of children supported for each calendar year and includes, but is not limited to, reasonable and necessary costs for orthodontia, dental treatment, asthma treatment, physical therapy, chronic health problems and professional counseling or psychiatric therapy for diagnosed mental disorders.

Definitions:

PARENTAL SUPPORT OBLIGATION. “Parental support obligation” means the portion of total support obligation a party is ordered to pay in money as child support.

PRIMARY RESIDENCE. “Primary residence” means the residence of a child where that child receives residential care for more than 50% of the time on an annual basis.

PRIMARY RESIDENTIAL CARE PROVIDER. “Primary residential care provider” means the party who provides residential care for a child for more than 50% of the time on an annual basis.

TOTAL SUPPORT OBLIGATION. “Total support obligation” means the sum of money determined by adding the basic support entitlement, child care costs and extraordinary medical expenses.

Maine Divorce Definitions

This collection of definitions will help clarify some unique characteristics to the Maine Divorce laws, process and paperwork which is filed with the court.

Filing Party Title:
Plaintiff

The spouse who will initiate the Divorce by filing the required paperwork with the court.

Non-Filing Party Title:
Defendant

The spouse who does not initiate the Divorce with the court.

Court Name:
State of Maine, _____________ Court, ____________ County

The proper name of the court in which a Divorce is filed in the state of Maine. Each jurisdictional court typically has a domestic relations or a family law department or division.

The state run office devoted to enforcing existing child support orders and collecting any past due child support.

Document Introduction:
In Re the Marriage of:

The lead-in verbiage used in the legal caption or header of the documents filed with the court. The introduction typically prefaces both spouse’s names.

Initial Divorce Document:
Complaint for Divorce

The title and name of the legal document that will initiate the Maine Divorce process. The filing spouse is also required to provide the non-filing spouse a copy of this document.

Final Divorce Document:
Judgment of Divorce

The title and name of the legal document that will finalize the Maine Divorce process. This document will be signed by the judge, master, or referee of the court to declare your marriage officially terminated.

Clerk’s Office Name:
District Clerk’s Office

The office of the clerk that will facilitate the Divorce process. This is the title you would address letters to or ask for when contacting the courthouse.

Legal Separation:

Legal separation will be granted if the spouses are or desire to be living apart with just cause for more than 60 days. If there are minor children, mediation between the spouses is required.

[Maine Revised Statutes Annotated; Title 19-A, Section 851].

Property Distribution:
Equitable Distribution

The applicable Maine law that will dictate how property and debt is to be divided upon Divorce.

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