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Maine

Maine

Maine

The followingcapsule summary of the law in this state related to divorce maybe helpful to you. These brief statements are not meant tosubstitute for legal consultation, but rather to highlight themain issues to consider.

Divorce Law

GROUNDS FOR DIVORCE

Grounds: Adultery; cruelty orviolence; desertion; drug/alcohol addiction; impotence;nonsupport; insanity; irreconcilable differences.

Residency: Parties must have beenmarried there, cohabited there after marriage, or resided therewhen cause of action accrued; plaintiff resides there in goodfaith 6 months prior; defendant is resident.

Waiting Period: Court may make itfinal immediately, but otherwise it is subject to an appealperiod.

No Fault: Separation; irreconcilabledifferences.

Defenses: Collusion; recriminationis comparative not absolute defense; sometimes condonation incourt’s discretion.

Code Section: Tit. 19 661 to 752

CHILD CUSTODY
Uniform Child Custody Act:1979
Joint Custody:Yes, Tit. 19 752
Grandparent Visitation:Yes, Tit. 19 1001, et seq. Repealeffective July 31, 1994.
Child's Wishes Considered:Yes
Code Section: Tit. 19 752

MARITAL PROPERTY
Community Property: No

ANNULMENT AND PROHIBITEDMARRIAGE

Grounds: Incapable of contractingmarriage; mental illness/retardation of sufficient degree;polygamous marriage.

Time Limitation: None listed.

Legitimacy of Children: If marriageis annulled because of consanguinity or affinity of parties,issue is illegitimate; if because of nonage, mental illness, oridiocy, issue is legitimate issue of parent capable ofcontracting marriage; if because of prior marriage still inexistence, children are legitimate issue of parent capable ofcontracting.

Prohibited Marriages: Betweenancestor and defendant, brother and sister, aunt and nephew,uncle and niece, first cousins unless cousins obtainphysician’s certificate of genetic counseling.

Code Section: Tit. 19 32-33

RESOURCES

Maine Bureau of Banking
State House Sta. No. 36
Augusta, ME 04333-0036
Phone: (207)582-8713
H. Donald DeMatteis, Supt.

Maine Bureau of Insurance
State House Sta. 34
Augusta, ME 04333
Phone: (207)582-8707
Brian Atchinson, Supt.

Maine Department of Human Services
Office of Vital Records
State House
Sta. 11
Augusta, ME 04333-0011
Phone: (207)289-3181
Responds to public inquiries for birth, death, marriage, anddivorce records dated 1923 to present. Charges $10 for certifiedcopies and $4 for additional copies.

Maine Division of Support Enforcementand Recovery
Bureau of Income Maintenance
Department of Human Services
State House, Sta. 11
Augusta, ME 04333
Phone: (207)289-2886
Fax: (207)289-5096

Maine Family Law: Divorce, Separation,and Annulment
Butterworth Legal Publishers
90 Stiles Rd.
Salem, NH 03079
Jon D. Levy. 1988.

Maine Family Law Forms: Discovery, Trialand Settlement
Butterworth Legal Publishers
90 Stiles Rd.
Salem, NH 03079
Dana E. Prescott. 1993.

Maine State Bar Association
124 State St.
PO Box 788
Augusta, ME 04330
Phone: (207)622-7523
Fax: (207)623-0083

Office of Child Support EnforcementRegional Representative (Maine)
John F. Kennedy Federal Bldg., Rm. 2000
Government Center
Boston, MA 02203
Phone: (617)565-2455

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