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Divorce laws are enacted and interpreted by each of the respective states. This means your state and local family law court determines such things as divorce case filing and pleading procedures, spousal and child support payments, custodial rights of parents and the division of community property. Since laws get amended and new ones get made with some frequency, consult with an experienced family lawyer in your county for the most current status of the law. The family lawyer you choose should also be knowledgeable with the local courts and jury sentiment.

RESIDENCY REQUIREMENTS AND WHERE TO FILE: As of January 2008, a person may file for divorce in Maine if: (A) The plaintiff has resided in good faith in this State for 6 months prior to the commencement of the action, (B) The plaintiff is a resident of this State and the parties were married in this State, (C) The plaintiff is a resident of this State and the parties resided in this State when the cause of divorce accrued; or (D) The defendant is a resident of this State. A complaint for divorce is filed with the District Court. [Based on Maine Revised Statutes - Title 19-A - Section 901]

LEGAL GROUNDS FOR DIVORCE: A divorce may be granted for one of the following causes:

* Irreconcilable marital differences;

* Adultery;

* Impotence;

* Extreme cruelty;

* Utter desertion continued for 3 consecutive years prior to the commencement of the action;

* Gross and confirmed habits of intoxication from the use of liquor or drugs;

* Nonsupport, when one spouse has sufficient ability to provide for the other spouse and grossly, wantonly or cruelly refuses or neglects to provide suitable maintenance for the complaining spouse;

* Cruel and abusive treatment; or

* Mental illness requiring confinement in a mental institution for at least 7 consecutive years prior to the commencement of the action. [Based on Maine Revised Statutes - Title 19-A - Section 902]

LEGAL SEPARATION: The District Court has jurisdiction to enter a separation decree: (A.) Upon the petition of a married person who lives apart or who desires to live apart from that person's spouse for a period in excess of 60 continuous days; or (B.) Upon joint petition of a married couple who live apart or who desire to live apart for a period in excess of 60 continuous days. [Based on Maine Revised Statutes - Title 19-A - Section 851]

SPECIAL DIVORCE PROCEDURES: When children are involved, the court may request the department to investigate conditions and circumstances of the child and the child's parents. [Based on Maine Revised Statutes - Title 19-A - Section 905]

MEDIATION OR COUNSELING REQUIREMENTS: If one party alleges that there are irreconcilable marital differences and the opposing party denies that allegation, the court upon its own motion or upon motion of either party may continue the case and require both parties to receive counseling by a qualified professional counselor to be selected either by agreement of the parties or by the court. [Based on Maine Revised Statutes - Title 19-A - Section 953]

PROPERTY DISTRIBUTION: Maine is an equitable distribution state and shall divide the marital property in proportions the court considers just after considering all relevant factors, including:

* The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker;

* The value of the property set apart to each spouse; and

* The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live in the home for reasonable periods to the spouse having custody of the children.

"Marital property" means all property acquired by either spouse subsequent to the marriage, except: (A.) Property acquired by gift, bequest, devise or descent; (B.) Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise or descent; (C.) Property acquired by a spouse after a decree of legal separation; (D) Property excluded by valid agreement of the parties; and (E) The increase in value of property acquired prior to the marriage and the increase in value of a spouse's non-marital property. [Based on Maine Revised Statutes - Title 19-A - Section 953]

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: The court may, after consideration of all factors set forth in subsection 5, award or modify spousal support for one or more of the following reasons.

* General support: There is a rebuttable presumption that general support may not be awarded if the parties were married for less than 10 years as of the date of the filing of the action for divorce. There is also a rebuttable presumption that general support may not be awarded for a term exceeding 1/2 the length of the marriage if the parties were married for at least 10 years but not more than 20 years as of the date of the filing of the action for divorce.

* Transitional support may be awarded to provide for a spouse's transitional needs, including, but not limited to: (1) Short-term needs resulting from financial dislocations associated with the dissolution of the marriage; or (2) Reentry or advancement in the work force, including, but not limited to, physical or emotional rehabilitation services, vocational training and education.

* Reimbursement support may be awarded to achieve an equitable result in the overall dissolution of the parties' financial relationship in response to exceptional circumstances. Exceptional circumstances include, but are not limited to: (1) Economic misconduct by a spouse; and (2) Substantial contributions a spouse made towards the educational or occupational advancement of the other spouse during the marriage.

* Nominal support may be awarded to preserve the court's authority to grant spousal support in the future.

* Interim support may be awarded to provide for a spouse's separate support during the pendency of an action for divorce or judicial separation.

The court shall consider the following factors when determining an award of spousal support: The length of the marriage, the ability of each party to pay; the age of each party; the education, training, income and employment history and future potential of each party; the provisions for retirement and health insurance benefits of each party; the tax consequences of the division of marital property, including the tax consequences of the sale of the marital home and the award if spousal support, if applicable; the health and disabilities of each party; the contributions of either party as homemaker; the contributions of either party to the education or earning potential of the other party; economic misconduct by either party resulting in the diminution of marital property or income; the standard of living of the parties during the marriage; the ability of the party seeking support to become self-supporting within a reasonable period of time; and any other factors the court considers appropriate. [Based on Maine Revised Statutes - Title 19-A - Section 951-A]

SPOUSE'S NAME: Upon the request of either spouse to change that person's own name, the court, when entering judgment for divorce, shall change the name of that spouse to a former name requested; or to any other name requested. [Based on Maine Revised Statutes - Title 19-A - Section 1051]

CHILD CUSTODY: Either parent may be awarded custody. When the parents have agreed to an award of shared parental rights and responsibilities, the court shall make that award unless there is substantial evidence that it should not be ordered. The court, in making an award of parental rights and responsibilities with respect to a child, shall apply the standard of the best interest of the child. In making decisions regarding the child's residence and parent-child contact, the court shall consider as primary the safety and well-being of the child. In applying this standard, the court shall consider the following factors:

* The age of the child;

* The relationship of the child with the child's parents and any other persons who may significantly affect the child's welfare;

* The preference of the child, if old enough to express a meaningful preference;

* The duration and adequacy of the child's current living arrangements and the desirability of maintaining continuity;

* The stability of any proposed living arrangements for the child;

* The motivation of the parties involved and their capacities to give the child love, affection and guidance;

* The child's adjustment to the child's present home, school and community;

* The capacity of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical access;

* The capacity of each parent to cooperate or to learn to cooperate in child care;

* Methods for assisting parental cooperation and resolving disputes and each parent's willingness to use those methods;

* The effect on the child if one parent has sole authority over the child's upbringing;

* The existence of domestic abuse between the parents, in the past or currently, and how that abuse affects the child emotionally, and the safety of the child;

* The existence of any history of child abuse by a parent;

* All other factors having a reasonable bearing on the physical and psychological well-being of the child; [Based on Maine Revised Statutes - Title 19-A - Section 1653]

CHILD SUPPORT: Maine uses the Income Shares Model for determining child support. After the court or hearing officer determines the annual gross income of both parties, the 2 incomes must be added together to provide a combined annual gross income and applied to the child support table to determine the basic support entitlement for each child.

Termination of support: A court order requiring the payment of child support remains in force as to each child until the order is altered by the court or until that child: (A) Attains 18 years of age. For orders issued after January 1, 2005, if the child attains 18 years of age while attending secondary school as defined in Title 20-A, section 1, the order remains in force until the child graduates, withdraws or is expelled from secondary school or attains 19 years of age, whichever occurs first; (B) Becomes married; or (C) Becomes a member of the armed services.

The court may require the payment of part or all of the medical expenses, hospital expenses and other health care expenses of the child. The court order must include a provision requiring at least one parent to obtain and maintain health insurance coverage for medical, hospitalization and dental expenses, if reasonable cost health insurance is available to that parent. [Based on Maine Revised Statutes - Title 19-A - Sections 1653 and 2006]

PREMARITAL AGREEMENT: A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration. Parties to a premarital agreement may contract with respect to:

* The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;

* The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of or otherwise manage and control property;

* The disposition of property upon separation, marital dissolution, death or the occurrence or nonoccurrence of any other event;

* The modification or elimination of spousal support;

* The making of a will, trust or other arrangement to carry out the provisions of the agreement;

* The ownership rights in and disposition of the death benefit from a life insurance policy;

* The choice of law governing the construction of the agreement; and

* Any other matter, including their personal rights and obligations, not in violation of public policy or a law imposing a criminal penalty.

A premarital agreement is not enforceable if the party against whom enforcement is sought proves that: That party did not execute the agreement voluntarily; or that the agreement was unconscionable when it was executed and, before execution of the agreement, that party: (1) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; (2) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and (3) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party. A premarital agreement becomes effective upon the marriage of the parties. The right of a child to receive support may not be adversely affected by a premarital agreement. [Based on Maine Revised Statutes - Title 19-A - Sections 603 to 608]

CHILD SUPPORT IN THE STATE OF MAIN – THE FEDERAL OPTION

Federal Options Enforcement (CSE) Program March 27, 2008 is a federal/state/local effort to locate parents, their employers, and/or their assets; establish paternity if necessary; and establish and enforce child support orders. The federal role is to provide funding, issue policies, ensure that federal requirements are met, and interact with other federal agencies that help support the CSE program.

How and where do I apply?

In most states, CSE offices are listed under the human services agency in the local government section of the telephone directory. If there is not a separate listing, the human services agency information operator should be able to give you the number. State CSE agencies are listed at the end of this brochure; they also can provide telephone numbers for local offices.

Call your Child Support Enforcement office to learn how to apply for enforcement services and what documents (birth certificates, financial statements, etc.) you should provide.

What are the steps to collecting support?

The first step, if a child was born out of wedlock, is to establish paternity - or make a legal determination of who fathered the child. Many men will voluntarily acknowledge paternity. Either parent can request a blood test in contested paternity cases. Your caseworker will help you to establish paternity for your child.

Establishing the obligation is the next step. The fair amount of child support that the non-custodial parent should pay is determined according to state guidelines. Your CSE office will be able to tell you how support award amounts are set in your state. Your CSE office can also request medical support for your child.

The last step is enforcement of the child support order. The CSE office can help with collecting the money due no matter where the non-custodial parent lives.

At any of these steps, the CSE office may need to know where the non-custodial parent is living or where he/she is working. When a parent has disappeared, it is usually possible for the CSE office to find him/her with the help of state agencies, such as the Department of Motor Vehicles, or the Federal Parent Locator Service. Your caseworker can tell you what information is needed to find an absent parent or his/her employer.

The most successful way to collect child support is by direct withholding from the obligated parent's paycheck. Most child support orders require the employer to withhold the money that is ordered for child support and send it to the CSE office. Your Child Support Enforcement office can tell you about this procedure.

Federal and State Income Tax refunds may be withheld to collect unpaid child support. States also have laws, which allow them to use: liens on real and personal property; orders to withhold and deliver property; or seizure and sale of property with the proceeds applied to the support debt. Many states routinely report child support debts to credit bureaus and smart parents are bringing their payments current so that their credit won't be affected.

For More Information write for the September 2008 Handbook on Child Support Enforcement by contacting:

ACF OCSE National Reference Center

370 L'Enfant Promenade, S.W.

4th Floor Washington, DC 20447

(202) 401-9383

IS A LAWYER NECESSARY FOR MY CASE?

If the marriage was less then a year, you have no children, if there is no real estate, and if a marital settlement has been reached, the spouses may and should consider a fast and simplified divorce solution.

No person seeking a divorce is actually required by law to use an attorney. If a person does plan to represent themselves (not recommended) during the proceedings, they should not expect the court clerks, bailiff and/or judge to assist them or provide legal advice in any way. Most spouses do however, at least at some point, consult with an attorney before proceeding with doing the divorce themselves.

Under most circumstances, a lawyer is ethically prohibited from representing both parties in a case. This is called a legal conflict of interest. Lawyers should only represent one party. Notwithstanding, in practice many people choose to have just one lawyer handle most of the paperwork such as the legal documents, including a separation agreement. In this situation, you must keep in mind that the lawyer who drafted the documents should and usually is only be representing one party. In some states, they follow a collaborative divorce process in which the mediator/lawyer works with both parties to achieve one common goal: to reach agreement on settlement of the issues and to have that agreement reduced to a writing and then into a court order.

Most lawyers do not charge a flat fee for a divorce unless the divorce is very simple, and both parties have agreed to the division of property and custodial issues at the outset. Instead, a lawyer will usually request a cash retainer from the client, not unlike a security deposit and charge for the lawyer’s time as the case moves forward. The amount of lawyer fees is one very important factor to consider. However you should also take into account the attorney’s legal experience and the complexity of the case. Lawyers are prohibited from charging a contingent fee for a divorce. Once a fee arrangement has been made, the lawyer is in most cases must prepare a written contract reflecting the agreement if full.

If there is a great disparity of income with regards to payment of the attorney fees, a judge may determine that one person should pay for the other person’s attorney fees. Most often however, a judge determines that each party has the ability and should to pay his or her own fees.

CHOOSING THE RIGHT FAMILY LAWYER

If you have decided to go with a lawyer you have a very important choice to make.

You could think of the process of choosing a lawyer like any other significant purchase. The same kind of careful and methodical considerations you put into a major purchase is not unlike the kinds of considerations you need to make when you are looking for the right divorce and family lawyer.

Before you start, you’ll need to choose what qualities you want in your family lawyer. There are a number of qualities that you should expect your lawyer to have.

These basic qualities include:

Good standing with their state bar: In other words, the bar association which licenses the attorneys in your state considers this lawyer is fit to practice law.

No disciplinary sanctions: A disciplinary sanction is an action taken against a lawyer by the state agency that regulates lawyers. If a lawyer has a sanction, be sure to investigate, taking into account the severity of the sanction and how long ago it occurred. A sanction can be a minor reprimand, or it can be a very serious punishment like suspension or disbarment from practicing law.

Experience with cases like yours: Most lawyers concentrate in a few areas of the law such as adoption and mediation. Once you know what these areas are, it’s easier to find lawyers with the experience and skills that are relevant to your situation.

Good communication skills: Regardless of your family law case issues, you want someone who keeps you informed and stays in touch, every step of the way. Legal matters can be confusing and your attorney is your advocate and guide. Don’t settle for anything less.

Once you’ve covered the basics, you may think of other qualities you’d like your lawyer to have. A few questions to consider:

Is this lawyer’s office convenient to your home or office?

How much does the lawyer charge?

GET CURRENT WITH THE FAMILY LAW CODE FOR MAIN:

http://janus.state.me.us/legis/statutes/19-A/title19-Ach0sec0.html