Divorce in Maine: everything you need to know
This article will take you through everything you need to know about getting a divorce in the state of Maine.
Summary
There are two types of divorce in Maine – fault-based and no-fault.
The average cost of a divorce in Maine is around $11,500.
Maine has a mandatory waiting period of 60 days between filing divorce paperwork and the final hearing, depending on the divorce type.
A financial advisor can help you navigate your finances during a divorce and rebuild afterward.
What are the different types of divorce in Maine?
Maine recognizes two types of divorce: no-fault and fault-based.
No-fault
A no-fault divorce means that you do not have to prove that your spouse did something wrong to end the marriage.
You must show that you and your spouse have irreconcilable differences, which means that your marriage is broken beyond repair and cannot be fixed.
A no-fault divorce can be faster and easier than a fault-based divorce, but it can also be more expensive and complicated if you and your spouse do not agree on the issues of the divorce.
Fault-based
A fault-based divorce means that you have to prove that your spouse committed a specific ground for divorce, such as adultery, abuse, desertion, or addiction.
Proceedings can be more contentious and stressful than a no-fault divorce case.
You have to provide evidence of your spouse’s misconduct, which may involve witnesses, documents, or private investigators. Your spouse can also contest the allegations and try to prove their innocence.
How much does a divorce cost in Maine?
According to DivorceWriter.com, the average cost of a divorce in Maine is $11,400, which includes $8,400 in attorney fees and $3,000 in court costs and other expenses.
However, this is just an estimate; actual costs will vary depending on your situation.
Some ways to reduce the cost of a divorce in Maine are:
Considering an uncontested divorce: If both you and your spouse agree, you may bypass the need for a trial altogether.
Exploring mediation or arbitration: These are alternative methods for resolving disputes outside of the courtroom.
Self-representation in court: In simpler cases, representing yourself is an option, but it's advisable to seek legal counsel for complex matters.
Researching different legal representation: Lawyers' rates vary based on factors like experience and location. Some may offer flat fees or limited scope representation tailored to your needs.
How do you file for divorce in Maine?
To file for divorce in Maine, you have to meet the following requirements:
You or your spouse must be a resident of Maine for at least six months before filing.
You must file in the county where you or your spouse live or where you last lived together as a married couple.
You must pay a filing fee, which varies by county but is usually around $120.
The steps to file for divorce in Maine are:
Complete the divorce complaint: This document kicks off the divorce process. It requires details like names, addresses, marriage and separation dates, grounds for divorce, and any children or property involved. Forms are available online or at the county clerk’s office.
Serve the complaint to your spouse: Deliver a copy personally or via certified mail, providing proof of service to the court with a receipt or affidavit.
Await your spouse’s response: They have 20 days to file upon receiving the complaint, indicating agreement, disagreement, or requests for delay or dismissal.
Reach a settlement: Negotiate with your spouse on divorce matters like custody, support, alimony, and property division. Options include self-negotiation, legal assistance, or mediation/arbitration. Submit a written agreement to the court for approval.
Finalize the divorce: Obtain a court judgment, achievable through default if your spouse is unresponsive or by mutual consent. Depending on the type of divorce, there's a waiting period of at least 60 days for no-fault or 30 days for fault-based divorces before it's finalized.
How do you split assets in a divorce in Maine?
Maine is not a community property state, which means that your assets and debts are not automatically split 50/50 between you and your spouse.
Instead, Maine follows the equitable distribution system, which means that your assets and debts are divided according to what is fair and equitable, considering the circumstances of your case.
This includes assets and debts that you acquired before, during, or after the marriage unless a valid prenuptial or postnuptial agreement excludes them.
To split your assets and debts in a divorce, you and your spouse have to identify and value all the items that belong to the marital estate, which is the total net worth of your marriage. Then, you have to either agree on how to divide them or let the court decide for you.
How does alimony work in Maine?
Alimony is not guaranteed in Maine, and it depends on the financial needs and abilities of each spouse, as well as the length and fault of the marriage.
There are five different types of alimony in Maine: general, transitional, reimbursement, nominal, and interim.
General alimony
General alimony is a long-term or permanent payment that one spouse makes to the other to provide them with financial support and prevent them from becoming destitute.
General alimony can be awarded only if the requesting spouse lacks sufficient income, property, or both to provide for their reasonable needs and is unable to support themselves through appropriate employment.
General alimony can be modified or terminated by the court if there is a change in circumstances, such as remarriage, cohabitation, death, or retirement.
Transitional alimony
Transitional alimony is a short-term or temporary payment that one spouse makes to the other to help them adjust to the economic consequences of the divorce.
Transitional alimony can be awarded for a period of time not exceeding two years, and it cannot be modified or extended by the court.
Reimbursement alimony
Reimbursement alimony is a one-time or periodic payment that one spouse makes to the other to compensate them for their contribution to the other spouse's education, training, or increased earning capacity.
Reimbursement alimony can be awarded for a period of time not exceeding 10 years, and the court cannot modify it.
Nominal support
Nomial alimony is a small amount of money awarded to a spouse that acts as a placeholder so that it can be changed to alimony or spousal support can be made later on.
Interim support
Interim support is awarded to the spouse while the case is ongoing.
What happens to children during a divorce in Maine?
Child custody refers to the legal rights and responsibilities of each parent regarding the care, control, and upbringing of their children.
There are two types of child custody in Maine: parental rights and responsibilities and primary residence.
Parental rights and responsibilities refer to who makes major decisions for the children, such as education, health, religion, and extracurricular activities.
Primary residence refers to where the children live and who provides their daily care. The parents can either agree on a custody arrangement that suits their children’s needs and preferences or let the court decide for them.
The court will also consider child support. This is a payment that one parent makes to the other to help cover the costs of raising their children, such as food, clothing, housing, education, health care, and recreation.
Child support is based on both parents' income and expenses, as well as the number and needs of the children. If the parents cannot reach an agreement, the court will determine the amount.
How to protect your finances when going through a divorce in Maine
Experiencing a divorce can be a trying time, particularly regarding financial matters. You might find yourself grappling with questions about safeguarding assets, managing debts, and securing your future.
Here are some steps you can take to protect your finances during this challenging period:
Get organized: Before initiating divorce proceedings, gather all relevant financial documents, including tax returns, bank statements, credit card bills, and retirement accounts. Creating a comprehensive list of assets and liabilities, both marital and non-marital, can facilitate fair negotiations with your spouse regarding property and debts.
Explore mediation: Mediation offers a less adversarial approach to resolving divorce-related issues such as property division, alimony, child custody, and support. Working with a neutral third party can often be less time-consuming, more cost-effective, and less stressful than going to court.
Consider Social Security benefits: If your marriage lasted for at least 10 years, you may be eligible to receive Social Security benefits based on your ex-spouse’s record. This additional income can be particularly valuable during retirement, especially if your ex-spouse had a higher income. However, specific criteria must be met to qualify for this benefit.
Seek professional guidance: Divorce can have a significant impact on your financial situation. Consulting with a financial advisor specializing in divorce can provide valuable insight and assistance in navigating these changes and planning for your future.
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