The Divorce Process In Maine


by James Walsh - Date: 2007-07-13 - Word Count: 728 Share This!

The farming sector has given way to animal husbandry and lumbering, owing to the scarcity of arable land and immense forests. The other important sectors of growth are textiles, fishing, ship building, biotechnology and electronics. The state is on its way to growth and development and, in general, the society is expected to become more stable. Though Maine had a high divorce rate of 5.1/1000 population in 1999, it has systematically declined since then. In 2004, the divorce rate came down to 4.3/1000 population. In 1998, Maine had an exceptionally high Out-of-Wedlock birth rate of 30.6%, indicative of high levels of cohabitation. But, it managed to restrain its Teen Birth Rate at 9.8%. Median household income stands at $41,287, slowly approaching the national average of $44,334. 85.4% of the adults are high school graduates, exceptionally high when compared to the national average of 80.4%. The median age at first marriage is also increasing, promising lower divorce rates. Currently it is 26.6 years for men and 25.6 years for women. In future, the divorce rate is expected to further decline.

In order to file a divorce suit in Maine, one has to fulfill certain residency requirements. Failure to comply with the residency requirements may lead to the dismissal of the case by the concerned court. The person who files the complaint for divorce is called the Plaintiff and the person on whom the complaint is served is called the Defendant. The residency requirements state that a divorce proceeding may be initiated in the state if the plaintiff has been a resident of Maine for a period of six months just before the filing of the complaint or the marriage was solemnized in Maine and the plaintiff happens to be a resident of Maine and the two spouses lived in Maine when the cause for divorce occurred or the defendant happens to be a resident of Maine (Maine Revised Statutes: Title 19-A - Sections: 901). The divorce process may be commenced in the county in which either of the two spouses resides (Maine Revised Statutes: Title 4- Sections: 155).

The Maine Law has a provision for both the fault- and no-fault-based grounds for divorce. 'Irreconcilable differences' is the only no-fault-based ground for divorce. The fault-based grounds for divorce are: cruelty, impotence, adultery, addiction, desertion, neglect of marital duties and incurable insanity (Maine Revised Statutes: Title 19A - Sections: 902). In the event of a denial of any irreconcilable differences by either of the spouses, the court may require the two spouses to go for counseling. If the couple has minor children, the court shall order the two parties to mediate. The mediation requirements may be waived under certain circumstances (Maine Revised Statutes: Title 19A - Sections: 251 and 902).

So far as the division of property is concerned, Maine is an equitable distribution state. In case of a disagreement between the two spouses regarding the division of the property, the court shall divide all their marital property in an equitable fashion, as deemed just and fair by it. While doing so, the court considers various factors such as the contribution of each spouse, financial situation of both the parties, the value of the property, etc (Maine Revised Statutes: Title 19 A - Sections: 953)

A deserving spouse may be awarded spousal support by the court in lump sum or in installments. While doing so the court generally takes into consideration the contribution to marriage, needs and liabilities, age, health, employability, etc. of the recipient. The spousal support is modifiable in the future. (Maine Revised Statutes- Title 19 A - Sections: 251 and 902).

In Maine Law, the term child custody has been replaced by the term 'parental rights and responsibilities.' The parental rights and responsibilities are allocated in the best interests of the child. The court may award sole parental rights and responsibilities or shared parental rights and responsibilities. The Maine Law favors shared parental rights and responsibilities under normal circumstances. In exceptional cases, parental rights and responsibilities may be allocated to a third person or agency (Maine Revised Statutes: Title 19A - Sections: 1501 and 1653).

The court may order either or both the parents to pay for child support. The child support is calculated in accordance with the Child Support Guidelines and is modifiable in the future to do justice to the needs of a child. (Maine Revised Statutes- Title 19 A - Sections: 1653, 2001 and 2009)

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James Walsh is a freelance writer and copy editor. For more information on getting a Divorce see www.quickie-divorce.com

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