Filing for Divorce in Maine
When considering a divorce, many people have questions about what state they should file in. It can be confusing for some, especially when one party has relocated to a different state. Most states have very specific laws about who can file for divorce in their state. Maine is no exception. It is important to know the laws in your state because filing in the wrong state will waste time and money.
In order for a divorce to take place in Maine, one or both parties of a marriage must petition the court by filing a complaint for divorce in the District Court of the State. There are exceptions, however, as not every person in the state who is entitled to file for divorce is there. According to Maine law chapter 29, section §901, a person can only file for divorce in the state of Maine if any of the following are true:
- The party filing has lived in the state in "good faith" for at least 6 months prior to petitioning for divorce
- The party filing is a resident of the state of Maine and was married there
- The person filing for divorce is a resident of Maine and the couple was living in the state when the cause of the divorce accrued
- The spouse of the party filing for divorce is a resident of Maine
One of these must be stated on the complaint in order for it to be accepted by the court. If you are considering divorce in Maine and would like to know more about filing laws and whether you can petition for divorce in the state, contact a Maine divorce attorney right away.
Maine Out of State Divorce Law
In some cases, a party may be able to petition for divorce in a state other than the one they are a currently a resident of. However, according to section §907 of Maine's divorce law, all divorces obtained in other states will be void in Maine if any of the following are true:
- The grounds for the divorce occurred in Maine while the couple was living there
- The divorce does not authorize a divorce in Maine
All other divorce decrees that are made in another state by a court that has jurisdiction will be honored in Maine. In addition to the divorce decree, any custody determination that is granted by another state is governed by the Uniform Child Custody Jurisdiction and Enrollment Act under Maine Law.
Call a Maine Divorce Attorney for Assistance
In some situations a party may have a choice of which state to file for divorce in. In these cases, it is important to speak with an experienced divorce attorney before making any decisions. Filing in certain states may affect child support, spousal support and division of assets depending on the laws in that particular state. A divorce attorney from WTB Law can help you make informed decisions in order to make the process as easy and hassle free as possible.
If you are contemplating divorce and would like to know more about the laws for filing for divorce in Maine, contact our office today. You can speak to a Maine divorce lawyer who will answer all of your questions and help you make the right decision for your circumstances. Call us now to get started.