Maine Revised Statutes Title 19-A, Chapter 29 - Divorce

Maine allows both no-fault and fault-based divorce. The most common ground is 'irreconcilable marital differences' (no-fault), requiring no proof of wrongdoing by either spouse. Fault-based grounds include adultery, impotence, extreme cruelty, utter desertion for 3 consecutive years, gross habits of intoxication from liquor or drugs, nonsupport, cruel and abusive treatment, and mental illness requiring 7+ years of institutional confinement. If one spouse alleges irreconcilable differences and the other denies it, the court may order counseling before proceeding.

Effective: 2024

Sets the residency requirements for filing divorce in Maine. At least one spouse must have resided in good faith in Maine for 6 months before filing, OR the plaintiff is a Maine resident and the parties were married in Maine, OR the plaintiff is a Maine resident and the parties lived in Maine when the cause of divorce arose, OR the defendant is a Maine resident. Divorce actions are filed in District Court. Either party may request that the public be excluded from proceedings.

Effective: 2024

Maine follows equitable distribution — the court divides marital property in proportions it considers just, not necessarily 50/50. The court considers each spouse's contribution to acquiring property (including homemaking), the value of property set apart to each spouse, each spouse's economic circumstances, and any economic abuse. Marital property includes everything acquired during marriage, except gifts, inheritances, property acquired after legal separation, property excluded by agreement, and appreciation of premarital assets. All property is presumed marital unless proven otherwise. The court may also award ownership of companion animals based on their well-being and daily needs.

Effective: 2024

Maine's primary custody statute establishes three types of arrangements: shared (equal rights on major decisions), allocated (responsibilities divided between parents), or sole (one parent has exclusive decision-making). The court decides based on the child's best interest, considering factors including the child's age, relationships with each parent and significant others, the child's preference if old enough, stability of current living arrangements, each parent's willingness to cooperate, history of domestic abuse, and whether either parent has falsely alleged abuse. Maine's public policy favors frequent and continuing contact with both parents after separation. Requires 30 days' notice before relocating a child.

Effective: 2024

Protects military parents from losing custody due to deployment. A court may not change the primary physical residence of a child when one parent is a National Guard or Reserves member under active duty orders for more than 30 days, unless the change is in the child's best interest. This prevents the non-deploying parent from using a military deployment as grounds to permanently alter custody arrangements.

Effective: 2024

Existing custody orders can be modified upon showing a substantial change in circumstances. Relocation is specifically defined as a substantial change — moving a child more than 60 miles from either parent's residence is presumed to disrupt parent-child contact. Domestic violence occurring since the last custody determination also qualifies as a substantial change. Either parent, or an agency granted custody, may petition for modification. Jurisdiction is limited by the Uniform Child Custody Jurisdiction and Enforcement Act when another state may have jurisdiction.

Effective: 2024

Maine recognizes four types of spousal support. General support helps a lower-earning spouse maintain a reasonable standard of living — there is a rebuttable presumption against awarding it for marriages under 10 years, and a presumption limiting duration to half the marriage length for marriages of 10–20 years. Transitional support covers short-term financial dislocations from divorce. Reimbursement support compensates for contributions to a spouse's education or career advancement, or for economic abuse. Nominal support preserves the court's authority to award support in the future. Factors include marriage length, each party's income potential, age, employment history, education, health insurance, and tax consequences.

Effective: 2024

Maine uses an income shares model for child support. Both parents' gross incomes are combined to determine the total basic support obligation from the child support table, then divided proportionally between parents. The parent not providing primary residential care pays their share to the primary care provider. When parents share equal care and have equal income, neither pays the other. When parents share equal care but have unequal income, the enhanced support entitlement (1.5× basic) applies. Health insurance and child care costs are added to the basic obligation. A self-support reserve protects obligors earning $22,800 or less, and low-income obligors below the poverty line pay no more than 10% of gross weekly income.

Effective: 2024

Courts may deviate from the standard child support amount when applying the guidelines would be unjust or inequitable. The party requesting deviation must provide written proposed findings. Factors justifying deviation include more than 6 children, the interrelation of child support with property division and spousal support in the same proceeding, and situations where the standard calculation would not serve the child's best interest. The court must issue written findings explaining any deviation from the guidelines.

Effective: 2024

A child support order can be modified if it varies more than 15% from what current guidelines would require — the court treats this as a substantial change in circumstances. If the order is 3+ years old, the court reviews it without requiring proof of changed circumstances and modifies if the amount differs from current guidelines. Orders based on a prior deviation require a different analysis — the 15% variation alone does not automatically trigger modification. A hearing is required before any downward deviation is approved.

Effective: 2024

When a divorce complaint is filed in Maine, an automatic preliminary injunction issues with the summons. This injunction prevents both spouses from transferring assets outside the normal course of business, restraining the other's personal liberty, removing a child, or dropping the other from health insurance coverage. The injunction remains in effect until the court revokes it, a final divorce judgment is entered, or the action is dismissed. The court may modify the injunction terms at any time during the proceedings.

Effective: 2024

While a divorce is pending, the court may issue temporary orders for spousal support, temporary custody and parenting arrangements for minor children, possession of owned or rented property, and protection from restraint on personal liberty. These temporary orders maintain stability for families during the divorce process and remain in effect until replaced by the final divorce decree.

Effective: 2024

Maine requires mandatory mediation before any contested hearing when minor children are involved — including divorce, judicial separation, custody, and child support cases. The court may also refer any domestic relations case to mediation at any time. If parties reach an agreement in mediation, it is reduced to writing and submitted for court approval. If mediation fails, the court must determine that both parties made a good faith effort before proceeding to hearing. Sanctions for failing to mediate in good faith include dismissal, default judgment, and attorney's fees. Mediation is waived in protection from abuse cases.

Effective: 2024

All new spousal support orders must include an income withholding provision, regardless of whether arrearages exist. For existing orders without withholding, the receiving spouse can file a motion to add it — which the court must grant. The obligor receives notice that withholding may result from missed payments. If arrearages equal one month or more, the withholding order is served on the employer. The obligor has 20 days to contest and may request an ex parte stay, which expires in 60 days. Employers who knowingly fail to comply can be sued for compensatory damages.

Effective: 2024

Maine's Protection from Abuse Act (effective January 1, 2023, replacing former Chapter 101) allows victims of domestic abuse to obtain protective orders against family or household members, dating partners, or former partners. The court may order the abuser to stay away from the victim's home, workplace, and school; surrender firearms; and address custody of children and companion animals. Temporary emergency orders may be granted ex parte. Final protection orders last up to 2 years and can be extended without limit. Violation of a protection order is a criminal offense. The statute specifically addresses economic abuse as a form of domestic violence.

Effective: 2024

Maine has adopted the Uniform Premarital Agreement Act. Prenuptial agreements must be in writing and signed by both parties, but no additional consideration (exchange of value) is required beyond the marriage itself. The agreement becomes effective upon marriage. Parties can agree on property rights, spousal support, and other financial matters, but cannot adversely affect a child's right to support. Amendments or revocations must also be in writing and signed by both parties.

Effective: 2024

Either spouse may request a name change as part of the divorce judgment. If a spouse requests to return to a former name, the court must grant it — the language is mandatory ('shall change'). If a spouse requests a new name that is not a former name, the court has discretion to approve or deny it ('may change'). This provides a streamlined process for restoring a birth name or prior married name without needing a separate name change petition.

Effective: 2024

When a parent falls behind on child support, the court has powerful enforcement tools. Upon motion and after notice and hearing, the court may suspend the obligor's driver's license, revoke occupational or professional licenses, and revoke hunting, fishing, boating, and other recreational licenses. The court may also prevent issuance or renewal of any of these licenses. These penalties are designed to compel payment and give obligors strong incentive to stay current on support obligations.

Effective: 2024

While a petition to enforce a spousal support decree is pending, the court may order either spouse to pay sufficient money to the other spouse or their attorney for prosecution or defense. Attorney's fees awarded as support may be ordered payable immediately or in installments. Enforcement follows the procedures in Chapter 65, which includes contempt proceedings and other remedies. The court may also order spousal support payments during the pendency of the action.

Effective: 2024