Filing for Divorce

Divorce resized

Grounds for Divorce

When an individual files for divorce in the State of Maine, he or she must state the problems leading to the dissolution of the marriage. There are eight "grounds" for divorce in Maine. However, in recent years more states, including Maine, have allowed a party to obtain a divorce even though no party is at fault for the problems in the marriage. This is called a "no fault" divorce and the party filing the Complaint for Divorce need only allege that there are irreconcilable differences in the marriage.

FILING FOR DIVORCE

Maine law requires, however, that before a person files for a divorce they must have resided in good faith in the State of Maine for six months prior to the commencement of the action. The Plaintiff can always file a divorce action in Maine if his or her spouse resides in the State. One unique aspect of Maine law is the fact that with the service of a Complaint for Divorce, a preliminary injunction automatically issues, enjoining either party from 1) transferring assets, except in the usual course of business or for the necessities of life, without written consent of the other party or permission of the Court, (2) restraining the personal liberty of the other party or child; or (3) voluntarily removing the other party or a child from health insurance coverage. See Title 19-A M.R.S.A. Section 903.

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