Maine Residency Requirements
Each state has different requirements for filing for divorce. One of
these requirements is where the individuals filing reside. If any of
the necessary requirements for the state of Maine are not met then the
case will be dismissed. All divorce petitions are to be filed to the
Maine bankruptcy court of the county where one or both of the
Maine laws state that the individual filing for divorce must be a Maine
resident for a minimum of six months prior to filing. The individuals
also may file for divorce in Maine if they were married within the
Individuals may file for divorce if the grounds for divorce occurred
while living in the state. If the individuals live in separate
counties, a divorce petition can be filed to either individual's county
If an individual is stationed in Maine due to the armed forces while on
active duty, he or she is eligible to file for divorce within the
state. His or her spouse does not have to be a Maine resident to
participate in the divorce proceedings.
Maine Filing Grounds for Divorce
Each state has different grounds for divorce. These are the reasons why
two individuals, or one individual, request a divorce. Not all divorce
grounds of other states are legal in the state of Maine. The
individuals may file for a divorce together and decided congruently the
grounds for divorce, or one individual may bring the case before the
court where he or she will have to prove the decided grounds.
Maine has two different categories of divorce grounds. The first
category is under No-Fault grounds. This category cites that no
individual is solely responsible for the marriage's dissolve.
Irreconcilable difference is the only grounds legal under the No-Fault
category. Individuals filing for a divorce on these grounds are often
preceded by marriage counseling.
The second category is under Fault grounds. These grounds normally cite
one individual responsible for the dissolve of the marriage. Fault
grounds include nonsupport in a gross manner with the ability to
provide, abusive and cruel treatment, adultery, extreme cruelty,
impotence, desertion for three or more years before divorce
petitioning, mental illness that requires confinement for a minimum of
seven years prior to divorce filing, and habitual drunken behavior or
habitual drug usage.
Maine requires several different documents when filing for divorce.
Some of these include a Complaint for Divorce and Judgment of Divorce,
a Financial Statement, an Affidavit Concerning Child Custody, a
Confidential Family Matter Summary Sheet, a Marital Settlement
Agreement, and an Entry of Appearance. More documents may be necessary
or fewer depending on the circumstances, subsequent children, and
length of the marriage.
Maine is considered as an equitable distribution state where all the
property in the marriage is to be divided fairly rather than equally.
If the individuals involved cannot reach a decision on subsequent
property then the court will determine which spouse gets what kind of
property. Property distribution can depend on which parent has custody
of any children present.