What Is a No-Fault Divorce, When Did It Start and Why It Can Be Bad
Maine Divorce Records
Maine has the same divorce rate as the national average, at 2.4 per 1,000 residents. This means that there is a higher likelihood of marriage failure in the state than in many states in the country.
Maines divorce records are created and maintained by the state's District Courts. There are three main types of divorce records in Maine:
- Divorce decree: this is an official court order finalizing the divorce. It provides essential details about the case, including spousal support, child support, custody arrangements, visitation rights, and property division.
- Divorce Certificate: this document states that a divorce has taken place between two persons and shows the date and place of the divorce.
- Divorce case information: this includes all records related to the divorce proceedings, such as dockets, motions, petitions, orders, summons, parenting plans, briefs, and evidence.
Maine's divorce records are open to the public; however, due to privacy and security concerns, access to some records may be restricted to individuals directly involved in the case.
What Are the Residency Requirements for Divorce in Maine?
To file for a divorce in Maine, you must meet at least one of the following requirements:
- You are married and have lived in the state for 6 months
- You are a resident and were married in the state
- You were living in the state when the grounds for the divorce occurred
- Your spouse is a resident of the state.
What Are the Grounds for Divorce in Maine?
Per M.R.S tit. 19-A, §902, divorces in Maine are filed as either fault or no-fault divorce:
- Fault Divorce: in this type of divorce, one party files a petition against the other, claiming that they performed an action that justifies the divorce. Fault divorces may be contested (one party disagrees with the divorce) or uncontested (meaning both parties agree). Grounds for filing a fault divorce in Maine include but are not limited to adultery, impotence, extreme cruelty, cruel and abusive treatment, gross habit of intoxication, and disappearance for three years.
- No-Fault Divorce: here, at least one of the parties claims that their marriage broke without repair without assigning blame to the other party. If one party disagrees with the claim, the court may continue with the case and require both parties to attend counseling by a qualified professional counselor. After the counseling sessions, the counselor will submit a written report to the court and the parties involved. In a situation where the party who denies that there are irreconcilable marital differences refuses to participate in counseling without a valid reason, this refusal may be taken as clear evidence that the marriage is indeed irreconcilable.
How Much Does It Cost To File for Divorce in Maine?
Filing for a divorce in Maine costs around $120, excluding additional costs usually involved in the divorce process. This additional cost may include:
- Attorney fees
- Mediation or counseling fees
- Joint debts
- Property division
- Child support calculations
The average total cost of a divorce in Maine is around $8,000, which is lower than the national average of $9,970 and less than the average in neighboring New Hampshire, which is $9,000.
How Long Is the Waiting Period for Divorce in Maine?
In Maine, there is a mandatory 60-day waiting period after the filing of all necessary divorce documents before a final hearing can take place. This waiting period provides both parties adequate time to consider their decisions, make arrangements for any negotiation, and prepare for the finalization of the divorce. During the waiting period, couples may explore options such as mediation or counseling to resolve issues related to the division of assets and parenting.
How To File for Divorce in Maine?
To file for a divorce in Maine, start by checking if you are eligible to do so in the state. Next, gather the information necessary to complete all your court forms. This information includes:
- Your current address, name, birth date, and Social Security number.
- The other party's name, address, birth date, and Social Security number.
- Information about you or your spouse and if they have filed for annulment or divorce previously.
- The current address, as well as the name of each individual person that your child has stayed with throughout the previous five years.
- Your child's Social Security number.
- Data concerning all court cases that involve your child. This includes the docket number. (for example, an abuse protection case, or another case that's currently in probate court)
Once this is done, you are required to download and complete the following forms:
- Divorce (FM-004)
- Social Security Number Confidential Disclosure Form (CV-CR-FM-PC-200)
- Child Support Affidavit (FM-050), in cases involving minor children;
- Acknowledgment of Receipt of Summons and Complaint or Post-Judgment Motion (FM-036) (you must have at least two separate copies of this form as well as Family Matters Summons and Preliminary Injunction (FM-038A) (this needs to be acquired via a clerk's office and comes with a small fee)
Once this is done, you must serve copies of the court papers to the additional party (the defendant). You can do so by personal service, using a registered mail service, or giving your local sheriff to deliver the court papers.
Note that the defendant has 21 days to file a response before the case moves to the next phase. You can file signed original divorce papers with proof of service with the Clerk of the District Court in your jurisdiction with the required filing fee of $120.
After that, you and your spouse must attend a case management or pretrial conference. If no agreement is reached after the conference, the court will mandate the couple to participate in a select mediation program. If you and the additional party cannot agree on all or any of the issues, then the court will schedule a contested hearing.
At the final hearing, each party can present evidence, including calling witnesses and presenting admissible documents. The court will use the admissible evidence presented during this hearing to come to a final decision.
Are Divorce Records Public in Maine?
Maine's divorce records are generally open, meaning anyone can access them. However, access to documents containing sensitive information, such as details on minors and information involving child abuse, may be restricted.
In addition, some divorce records may be sealed by parties in the case. Such records are restricted to parties directly involved in the case or individuals with a valid court order.
How To Get Certified Copies of a Divorce Decree in Maine?
In Maine, a divorce decree is an official court order that concludes a divorce. This document provides essential details about the case, including spousal support, child support, custody arrangements, visitation rights, and property division.
Divorce decrees and all records related to the divorce proceedings, such as the place of marriage and residence, names and ages of children, and the reasons for the divorce, can be accessed at the District Court that handled the case.
To obtain certified copies of a divorce decree, interested persons must visit the Clerk of the District Court office where the case was heard in person. Certified copies of divorce records are also available from the Maine Office of Vital Records. You can access these records in person or online.
Divorce Settlement: Is Maine a 50/50 State?
Maine follows an equitable property distribution approach in divorces, which means assets and debts are divided fairly based on the family's specific circumstances. However, equitable division of marital property does not necessarily mean that property will be divided equally.
The court considers several factors when deciding how to divide marital property. They include:
- Contribution of each spouse
- The length of the marriage
- Each spouse's income and earning potential
FAQs About Divorce Process In Maine?
Here are answers to frequently asked questions about the divorce process in Maine.
