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Maine Divorce Laws
Maine Residency Requirements
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)
Maine Divorce Grounds:
A. Irreconcilable marital differences. (Maine Revised Statutes - Title 19A - Sections: 902)
Maine Property and Debt Division
In a proceeding for a divorce, 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)
Maine Spousal Support, Maintenance, or Alimony:
If the parties can not agree, the court shall consider the following factors when determining an award of spousal support: 1. The length of the marriage; 2. The ability of each party to pay; 3. The age of each party; 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 of the division of marital property, including the tax consequences of the sale of the marital home, if applicable; 9. The health and disabilities of each party; 10. The tax consequences of a spousal support award; 11. The contributions of either party as homemaker; 12. The contributions of either party to the education or earning potential of the other party; 13. Economic misconduct by either party resulting in the diminution of marital property or income; 14. The standard of living of the parties during the marriage; 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 Custody and Visitation:
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)
Maine Child Support:
Criteria that may justify deviation from the support guidelines are as follows: 1. The application of guidelines is not in the child's best interest; 2. The number of children for whom support is being determined is greater than 6; 3. The interrelation of the total support obligation established under the support guidelines for child support, the division of property and an award of spousal support made in the same proceeding for which a parental support obligation is being determined; 4. The financial resources of each child; 5. The financial resources and needs of a party, including nonrecurring income not included in the definition of gross income; 6. The standard of living each child would have enjoyed had the marital relationship continued; 7. The physical and emotional conditions of each child; 8. The educational needs of each child; 9. Inflation with relation to the cost of living; 10. Available income and financial contributions of the domestic associate or current spouse of each party; 11. The existence of other persons who are actually financially dependent on either party, including, but not limited to, elderly, disabled or infirm relatives, or adult children pursuing post-secondary education. If the primary care provider is legally responsible for another minor child who resides in the household and if the computation of a theoretical support obligation on behalf of the primary care provider would result in a significantly greater parental support obligation on the part of the non-primary care provider, that factor may be considered; 12. The tax consequences if the obligor is awarded any tax benefits. In determining the allocation of tax exemptions for children, the court may consider which party will have the greatest benefit from receiving the allocation; 13. The fact that income at a reasonable rate of return may be imputed to non-income-producing assets with an aggregate fair market value of $10,000 or more, other than an ordinary residence or other asset from which each child derives a substantial benefit; 14. The existence of special circumstances regarding a child 12 years of age or older, for the child's best interest, requires that the primary residential care provider continue to provide for employment-related day care; 15. An obligor party's substantial financial obligation regarding the costs of transportation of each child for purposes of parent and child contact. To be considered substantial, the transportation costs must exceed 15% of the yearly support obligation; and 16. A finding by the court or hearing officer that the application of the support guidelines would be unjust, inappropriate or not in the child's best interest. (Maine Revised Statutes - Title 19A - Sections: 2001, 2009)
Maine Common Questions
How Do I Know if I Should File in Maine?
One would typically file for divorce in the state in which he or she or his or her spouse resides. If you have recently moved to a new state and wish to file in that new state, you may have to establish residency prior to filing.
If you are in the military and are stationed on a base outside your residency state, you typically are able to file in that state or in your residency state.
If you are in the military and are stationed overseas, you would typically file in your home residency state.
Can I Use 3StepDivorceTM if I Have Children?
Yes. The system and your documents will address all the issues regarding your children such as, but not limited to; custody arrangements, visitation and time-sharing, child support, and medical coverage.
How Much Are the Maine Filing and/or Court Fees?
The filing and/or court fees are not included in our fee and typically range from $50.00 to $350.00 in total depending on your location of filing and whether or not you have children. The 3StepDivorce service will typically help you yield the lowest filing fee for you because both you and your spouse are in agreement.
How Long Will the Process Take in Maine?
The process takes an average of less than 1 hour to answer the required questions and generate the documents. Once you file your documents with the court according the filing procedures, the length of time will vary depending on the number of cases in front of yours. Each court has only one or just a few Judges, Masters, or Referees to review all the pending cases.
Should I File or Should My Spouse File?
As a rule of thumb, for uncontested divorces, the spouse who really wants the divorce to be finalized typically does the filing.
Where and How Do I File My Documents?
The documents are filed at your local county courthouse in the family law or domestic relations division or department. Inside your account you will receive step-by-step filing procedures.
Can I Mail or Fax My Documents to the Clerk?
Many courts do permit you to mail and/or fax the documents. This will vary from county to county and state to state, so it will be best to check with the clerk at the courthouse when you are ready to file.
Do I Have to Go to Court in Maine?
Depending on your state and your situation, you may or may not have to attend a short hearing. Most of the time when a hearing is required, it only lasts 10-15 minutes and only the filing spouse must attend. The hearing is where you will be granted your divorce and the judge will sign the final judgment or decree.
Do I Have to Also Hire a Lawyer?
3StepDivorce is designed for you to do your own uncontested divorce without hiring a lawyer. You will be acting as your own lawyer and filing for your own divorce. Should you need or desire legal advice or should your divorce become contested, we do suggest you hire the services of a lawyer.
Will My Name Also Be Changed?
The wife has the option to change her name back to her former or maiden name through the 3StepDivorce solution.
When is the Divorce Actually Finalized in Maine?
The divorce is typically finalized when the Judge signs the final judgment or decree. We give a window of 30-90 days from the filing date, but this will vary due to case load at the courthouse and any mandatory waiting periods.
Maine Divorce Forms
Maine Forms: Our question and answer technology will allow you to easily complete your Maine divorce forms for an uncontested divorce. Our goal is to give you full control and make "doing your own divorce", fast, easy, and affordable.Maine Divorce Forms List
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|Print, sign and file your divorce forms with your local court (instantly review & print your forms online or have them sent US Priority Mail at no additional charge).|
All Your Completed Maine Divorce Forms
Everything in Writing As Suggested by Lawyers & Judges
Easy to Follow Step-by-Step Filing Procedures
Instant Delivery & Editing Without the Wait
Unlimited Free E-mail and Phone Product Support
Works With or Without Children
100% Court Approval Guarantee or Your Money Back
Real-Time Customer Ratings and Reviews
A total of 238 people have started their divorce through 3StepDivorceTM in the last 24 hours and 3120 in the last 10 days. The streamlined and user-friendly process, instant document delivery, and unlimited free support makes us the go-to solution to do your own divorce. Our simple and inexpensive process provides you with all your completed divorce papers in as little as 20 minutes. Instantly access your completed divorce forms after a short online interview. It is that easy, no lengthy completion or delivery times.
This easy to use online divorce is a "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of Maine. An uncontested divorce is one in which you and your spouse are in agreement and eliminates the stress and expense of settling your divorce in court.
With 3StepDivorceTM you can complete and print your Maine divorce forms (including a marital settlement agreement) instantly. Then, follow our step-by-step filing procedures to file your own divorce in Maine in a timely, professional, and hassle free fashion. The online software is designed to give you full control of your divorce and also avoids the use of third party data entry, thus helping protect your personal information and privacy. If you're not ready to file for divorce in Maine, learn more about getting your Separation Agreement.
3StepDivorceTM is a premium online divorce solution provided by 3 Step Solutions, LLC, a sister company of Divorce Source, Inc., the owner and operator of the Divorce Source Network, the web's largest and most visited online divorce resource since 1997.
|A sister company of Divorce Source with over 750,000 forms processed since 1997.||Have your completed documents within 1 hour (with or without children)||Instantly print your documents (free delivery by US Priority Mail is also available).||Instantly make changes (gives you full control, the way it should be!)||All required divorce documents ready for signing.|
|Step-by-Step filing procedures (who, what, where & when)||Court approval or your money back (100% guaranteed).||Unlimited toll free phone and email product support.||Online Divorce Organizer & 40+ Self-Help Divorce eBooks||Free Online Negotiation Tool (just in case you can't agree!)|