Filing for Divorce Citing Irreconcilable Differences in Maine

No-fault Divorce Citing Irreconcilable Differences

If you’re considering filing for divorce in Maine, one of the most common and straightforward options is to cite irreconcilable differences. Maine is both a no-fault and at-fault divorce state, which means you can legally end your marriage without placing blame on your spouse—or you may choose to cite specific grounds such as adultery or cruelty if appropriate.

Citing irreconcilable differences allows couples to file for divorce without airing personal grievances in court. This no-fault approach is the most frequently used method in Maine and across the United States because it often leads to a faster, less contentious divorce process.

This article explains what “irreconcilable differences” means under Maine law, when it’s appropriate to use, and how it may affect important issues like child custody, property division, and spousal support. Whether you’re seeking an uncontested divorce or anticipating more complex negotiations, understanding your options is the first step toward a smoother legal separation.

In Maine, you can file for divorce based on the following grounds:

• Irreconcilable differences (no-fault)
• Adultery (fault)
• Desertion (fault)
• Cruelty (fault)

When couples end their marriage based on irreconcilable differences in Maine, neither party needs to show proof of wrongdoing to the court. They don’t even need to define the nature of their differences or agree on the reasons for the divorce, and there are no victims or “blame games”.

The main benefit of this is that it can save time and money. Proving fault requires the type of legal expertise that most individuals don’t possess, meaning that a divorce lawyer must gather evidence to prove fault in order to “win” the case against the other spouse, who will also usually be represented by a divorce lawyer.

This scenario leads to increased legal expenses and court fees, and considerable time invested in the legal processes. It can also add to the stress and anxiety of a divorce because of the pressures involved in “winning” the case.

When irreconcilable differences are cited in divorce filings, no fault needs to be proven, no blame is apportioned, and there is no “winner” or “loser”. As well as saving time and money, this can help preserve family relationships, which is especially important if children need coparenting after the marriage ends.

The legal processes in no-fault divorces are simpler and less likely to cause conflict and unnecessary emotional distress. Often, spouses can move on quicker without a drawn-out, public court battle.

In abusive marriages, victims can sometimes leave more quickly by citing irreconcilable differences, too.

Citing irreconcilable differences and filing for a no-fault divorce in Maine does not necessarily make the divorce “uncontested”.

A no-fault divorce simply means that neither party needs to prove wrongdoing to obtain a divorce; an uncontested divorce, on the other hand, is where both parties agree on all terms of the divorce, including asset division, spousal support, and child custody.

Such divorce agreements are not always straightforward and disputes often arise. Contested divorces may require collaboration between lawyers, mediation, or even litigation to resolve matters. So, a no-fault divorce can still be contested.

Most divorces in Maine require legal assistance at some point—even apparently straightforward uncontested divorces that cite irreconcilable differences as the ground for divorce. Spouses should protect their respective rights and interests by appointing divorce lawyers to ensure the agreement is enforceable under state law and has not omitted anything important.

“Irreconcilable differences” are matters that cannot be resolved between people. In the context of divorces, the differences are so great that the marriage cannot continue.

Generally, these differences stem from one or more of the following:

• A lack of physical or emotional intimacy that fails to meet the needs of one or both spouses.
• Financial disagreements due to a spouse’s spending habits, incompatible financial goals, or financial mismanagement.
• Differences in parenting style or how to raise the children (discipline, education, childcare, religion, values, etc.)
• Different aspirations for the future and overall life goals (general incompatibility).
• Loss of trust and respect, due to adultery, deceit, or dishonesty with each other.
• Domestic abuse—either physical, emotional, or psychological.
• Regular and unresolved conflict and resentment between the spouses.
• A lack of emotional support leading to a poor “connection” between the spouses.
• Frequent work-related separation or lack of work-life balance that leads to a marriage breakdown.
• A communication breakdown that contributes to the issues outlined above.

In most no-fault divorces in Maine, where irreconcilable differences are cited, one of the major items to settle is marital property distribution. Maine is an equitable distribution state, meaning that any assets in the marital estate must be divided fairly between the two spouses, regardless of who ended the marriage and why. Under the Maine Statute 19-A § 953, the property distribution law says:

In a proceeding for a divorce, for legal separation or for disposition of property following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse or lacked jurisdiction to dispose of the property, the court shall set apart to each spouse the spouse’s property and shall divide the marital property in proportions the court considers just after considering all relevant factors, including:  

1. The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker;  
2. The value of the property set apart to each spouse.

So, as well as the financial contributions of each spouse to the marriage (who paid for what), the court considers non-financial contributions in property division matters.

To file for a no-fault, uncontested divorce in Maine, follow these steps:

• Make sure you satisfy Maine’s residency requirements: one or both parties must either be a resident of Maine for six months before filing, be a current resident and the marriage took place in Maine, or be a resident of Maine and the grounds for divorce occurred in Maine.
• Complete the relevant forms from the Clerk’s Office, initially including the Family Matter Summary Sheet, Complaint for Divorce (with or without children), Family Matter Summons, and Preliminary Injunction. You may also need the Social Security Number Disclosure Form and Child Support Affidavit.
• Provide proof of service that the other spouse has received notification of the court action and await the Acknowledgment of Receipt form signed by the defendant.
• Complete a divorce settlement agreement with your spouse or enter negotiation or mediation until an agreement can be reached on the outstanding matters.
• Make two copies of each form and file the documents with the Court Clerk’s Office, for which a fee is payable. You may also need to complete additional forms.
• Attend a court hearing for the uncontested divorce to be finalized before a judge.

If the divorcing parties do not submit a divorce settlement agreement, mediation is required. If that is unsuccessful, a Pre-Trial Conference must be held in preparation for a trial. However, in most cases, a trial can be avoided. This is especially important if children are not involved.

For legal assistance with any aspect of a divorce in Maine, speak to an experienced family law attorney at The Maine Divorce Group during an initial consultation.