In general, to file for divorce in Maine, one of the parties must have been a resident in the state for 6 months prior to filing.
In Maine, a divorce may be granted for one of the following causes:
All property acquired by either spouse subsequent to the marriage and prior to a decree of legal separation, with a few exceptions including gifts, is presumed to be marital property regardless of whether title is held individually or by both of the spouses together.
The court will then divide the marital property in proportions the court considers just after considering all relevant factors, including:
There are several different types of spousal support that can be awarded in a Maine divorce case. General support may be awarded to provide financial assistance to a spouse with substantially less income potential than the other spouse. Transitional support may be awarded to provide for a spouse's transitional needs, such as gaining education to re-enter the work force, if applicable. Reimbursement support may be awarded to achieve an equitable result in the overall dissolution of the parties' financial relationship. Interim support may be awarded to provide for a spouse during the pendency of the divorce action.
The court will consider the following factors when determining an award of spousal support:
Courts in Maine will generally accept agreements parents have made in regards to custody unless there is substantial evidence that the agreement should not be ordered.
When the court rules on child custody, it applies the best interest of the child standard. The court will focus primarily on the safety and well-being of the child, but will also consider the following factors:
The total basic child support obligation must be divided between the parties in proportion to their respective gross incomes. The court or hearing officer shall order the party not providing primary residential care to pay child support to the party providing primary residential care. The primary residential care provider is presumed to spend the primary care provider's share directly on each child.
Visit Maine's child support calculator to get a rough estimate of monthly child support costs.