What are the Grounds for Divorce in Maine?

Most people think they need to “prove” why a marriage ended to get a divorce. In Maine, that’s not the case. The legal grounds for divorce (the legally acceptable reason) can be very simple.

Maine is a “no-fault” state. While the law technically lists specific “fault” grounds (like adultery or extreme cruelty), they are seldom used in modern practice because they are difficult to prove and rarely impact the final distribution of assets.

Most Maine divorces are finalized based on irreconcilable differences in the marriage. While this is designed to reduce disputes and legal battles, and getting a divorce legally requires no evidence of why the marriage broke down, divorces are not necessarily without their legal issues.

Under 19-A M.R.S. § 902, the “no-fault” divorce option in Maine is “irreconcilable marital differences”. This simply means that the marriage has broken down beyond repair, and there is no chance of getting back together.

The vast majority of divorces are “no-fault” because they provide several benefits over fault-based divorces. They are generally:

• Less time-consuming.
• Less contested.
• Less expensive (much lower legal fees).
• Easier on the children.
• Less stressful.
• More private.

We’ve all seen contested divorces in movies, where one party tries to prove misconduct by the other and the “he-said, she-said” drama is played out as part of the public record.

Thankfully, very few divorces in Maine require a formal hearing with evidence and witness testimony in front of a judge.

In most “no-fault” divorce cases, spouses agree on the need for a divorce but they may disagree on the terms.

However, divorces in Maine can even proceed if one spouse does not believe that the marriage is irretrievably broken and can be salvaged. 

You don’t need your spouse’s permission for a divorce in Maine. Judges will almost always grant the divorce based on one person’s testimony that the differences are irreconcilable.

However, in cases where one spouse does not believe the marriage is irretrievably broken, a judge may postpone the case and require spouses to attend counseling with a qualified counselor before the divorce can proceed. If the opposing spouse refuses to attend without good reason, this may support a claim of irreconcilable marital differences.

Unlike many states, Maine does not require a formal separation period before filing for divorce. You do not need to live apart for any length of time to obtain a divorce here. To file for divorce in Maine, at least one spouse must meet the state’s residency requirements under 19-A M.R.S. § 901, which can be satisfied in several ways — most commonly by having lived in Maine for at least six months.

Once you decide on divorce, the initial forms must be filed at the District Court that serves the town where either you or your spouse lives.

When the initial papers are filed, these must be “served” on the non-filing spouse, who has 30 days to respond. If no response is filed with the court during this window, it’s possible the divorce may proceed as uncontested, unless the opposing party later shows good cause for the delay, successfully requests an extension, or moves to set aside a default judgment before it’s finalized.

Technically, you can file for divorce in Maine based on the following legal grounds:

• Adultery.
• Extreme cruelty.
• Nonsupport (failure to provide for a spouse).
• Intoxication or drug use.
• Impotence.
• Desertion for three consecutive years.

Most experienced divorce lawyers, who have your best interests at heart, may discourage you from citing these grounds in your divorce application. If you do so, you will need to prove misconduct by the other spouse, with little potential benefit:

• Cost vs. Reward: Proving adultery is expensive and usually doesn’t result in more alimony or a larger share of the house.
• The “No Impact” Rule: Maine is an equitable distribution state, so “bad behavior” doesn’t automatically mean a financial penalty for the other spouse.

Maine law allows a no-fault divorce to be finalized after a 60-day ‘cooling-off’ period from when the case is filed. In practice, however, most divorces take considerably longer than this minimum, since the actual timeline depends on current court caseloads and scheduling — which have slowed in recent years — as well as how quickly the parties resolve issues like asset division, support, and custody

The specific timeline will depend on your residency status and how discussions over the terms of separation proceed. Grounds are rarely the hard part in a divorce. The complexity usually lies in the division of assets, ongoing support, and what happens to the children.

Most no-fault divorces, with only minor disagreements over key matters, can be completed in five or six months in Maine, with the right legal advice.

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