If you are contemplating a divorce in the State of Maine, there are a number of things to keep in mind. Maine is a “no fault” state, that is, a person can get divorced, even if the other spouse objects to the divorce. The court is not inclined to consider infidelity when a divorce is granted, and generally, infidelity of one party does not result in significant financial award to the other (as it can in some other states).  

You chose the person you are divorcing when you married that person –and the process tends to make people less tolerable and attractive to each other, not more. Most couples will have a long term relationship – regardless of their marital status – especially if they have children. The sooner you can agree to move forward, the easier the process is going to be.    

Our Family Law attorneys are experienced in all aspects of Family Law. We will work on your behalf to protect you and your family during the separation and divorce process.   If you are contemplating divorce, or have been served with papers that indicate that your spouse or partner has filed for divorce, separation or an action involving your children, contact the attorneys at York Law, LLC. 

Divorce
A person seeking a divorce may file a Complaint for Divorce in the District Court if the 

a) the plaintiff (person filing) has resided in good faith in Maine for 6 months prior to the commencement of the action;
b) the plaintiff is a resident of Maine and the parties were married in Maine;
c) the plaintiff is a resident of Maine and the parties resided in Maine when the cause of divorce accrued;

OR

d) the defendant (person who the plaintiff is filing against) is a resident of this State.  A divorce may be granted for a number of reasons, but generally “irreconcilable marital differences” are cited as cause for the divorce. In recent practice, even when other causes are cited, the court is usually not inclined to devote resources to litigation of that aspect of the case. A dispute over the cause of the divorce is, in itself, an irreconcilable difference between the parties.

Uncontested Divorce
Divorcing parties may agree to proceed through the process without disputing issues pertaining to their property, children or debt, for example. A Complaint for Divorce must be filed in the District Court, and a minimum of 60 days must pass before the court will issue a final order. 

Many divorcing couples reach a Settlement Agreement before the matter reaches a trial.  In these cases, the matter is set for a Final Uncontested Hearing. A District Court Judge or Family Law Magistrate will review the Settlement Agreement and unless the agreement is defective, the parties are granted a divorce. Settlement Agreement are legal documents that have the same effect as a court order when adopted by the court.