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Divorce Law
§901. Action for divorce; procedures
1. Filing of complaint; grounds. A person seeking a divorce may file a
complaint for divorce in the District Court if:
A. The plaintiff has resided in good faith in this State for 6 months prior
to the commencement of the action; [1995, c. 694, Pt. B, §2 (new); Pt. E, §2
(aff).]
B. The plaintiff is a resident of this State and the parties were married in
this State; [1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
C. The plaintiff is a resident of this State and the parties resided in this
State when the cause of divorce accrued; or [1995, c. 694, Pt. B, §2 (new);
Pt. E, §2 (aff).]
D. The defendant is a resident of this State. [1995, c. 694, Pt. B, §2
(new); Pt. E, §2 (aff).]
The complaint must state one or more grounds listed in section 902,
subsection 1.
§902. Grounds; defenses
1. Grounds. A divorce may be granted for one of the following causes:
A. Adultery; [1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
B. Impotence; [1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
C. Extreme cruelty; [1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
D. Utter desertion continued for 3 consecutive years prior to the
commencement of the action; [1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
E. Gross and confirmed habits of intoxication from the use of liquor or
drugs; [1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
F. 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; [1995, c. 694, Pt. B, §2
(new); Pt. E, §2 (aff).]
G. Cruel and abusive treatment; [1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
H. Irreconcilable marital differences; or [1995, c. 694, Pt. B, §2 (new);
Pt. E, §2 (aff).]
I. Mental illness requiring confinement in a mental institution for at least
7 consecutive years prior to the commencement of the action. [1995, c. 694,
Pt. B, §2 (new); Pt. E, §2 (aff).]
[1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
2. Irreconcilable differences; counseling. 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. The counselor shall give a written report of the
counseling to the court and to both parties. The failure or refusal of the
party who denies irreconcilable marital differences to submit to counseling
without good reason is prima facie evidence that the marital differences are
irreconcilable. [1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
3. Recrimination. Recrimination is a comparative rather than an absolute
defense in a divorce action. [1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
4. Condonation. Condonation of the parties is not an absolute defense to any
action for divorce but is discretionary with the court. [1995, c. 694, Pt.
B, §2 (new); Pt. E, §2 (aff).]
Section History:
PL 1995, Ch. 694, §B2 (NEW).
PL 1995, Ch. 694, §E2 (AFF).
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information, please refer to the Maine Revised Statutes - Title 19-A
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Child Support
§2006. Support guidelines (abbreviated)
1. Determination of basic support entitlement. 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.
When there is a child within each age category, the court or hearing officer
shall refer to the table and locate the figure in the left-hand column that
is closest to the parents' combined annual gross income. In each age
category the court or hearing officer shall determine the dollar figure for
the total number of children for whom support is being determined, multiply
the dollar figure in each age category by the number of children in that
category and add the 2 products. The resulting dollar amount represents the
basic support entitlement.
[1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
2. Past support. This chapter applies to an award of past support. Past
support is calculated by applying the current support guidelines to the
period for which past support is owed. [1995, c. 694, Pt. B, §2 (new); Pt.
E, §2 (aff).]
3. Total basic support obligation. The total basic support obligation is
determined by adding the child care costs, health insurance premiums and
extraordinary medical expenses to the basic support entitlement as follows.
A. When each child is under the age of 12 years, the sums actually being
expended for child care costs must be added to the basic support entitlement
to determine the total basic support obligation. [2003, c. 415, §7 (amd).]
B. If a child is incurring extraordinary medical expenses, the future
incidence of which is determinable because of the permanent, chronic or
recurring nature of the illness or disorder, the sums actually being
expended for the medical expenses must be added to the basic support
entitlement to determine the total basic support obligation. [2003, c. 415,
§7 (amd).]
C. If a party is paying health insurance premiums, the sums actually being
expended for health insurance premiums for the child or children for whom
support is being ordered must be added to the basic support entitlement to
determine the total basic support obligation. The court shall determine the
pro rata share of the health insurance premium actually expended that is
attributable to each child. [2003, c. 415, §7 (amd).]
[2003, c. 415, §7 (amd).]
4. Computation of parental support obligation. The total basic support
obligation must be divided between the parties in proportion to their
respective gross incomes. The court or hearing officer shall order the party
not providing primary residential care to pay, in money, that party's share
of the total basic support obligation to the party providing primary
residential care. The primary residential care provider is presumed to spend
the primary care provider's share directly on each child. If the court or
hearing officer determines that the parties provide substantially equal care
for a child for whom support is sought, presumptive support must be
calculated in accordance with subsection 5, paragraph D-1. Both parents are
responsible for child support if a caretaker relative provides primary
residential care for the child. The caretaker relative's income may not be
considered in determining the parents' child support obligation. [2005, c.
352, §3 (amd).]
5. Special circumstances. The court or hearing officer shall consider the
following special circumstances in determining child support.
A. When the parent who is not the primary care provider is legally obligated
to support a child in that party's household other than the child for whom a
support order is being sought, an adjustment must be made to that party's
parental support obligation. The adjustment is made by using the nonprimary
residential care provider's annual gross income to compute a theoretical
support obligation under the support guidelines for each child in that
household. Neither the child support received by nor the financial
contributions of the other parent of each child in the household are
considered in the theoretical support calculation. The obligation is then
subtracted from the annual gross income, and the adjusted income is the
amount used to calculate support. The adjustment is used in all appropriate
cases, except when the result would be a reduction in an award previously
established. [1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
B. When the parties' combined annual gross income exceeds $240,000, the
child support table is not applicable, except that the basic weekly child
support entitlement of a child is presumed to be not less than that set
forth in the table for a combined annual gross income of $240,000. [2001, c.
264, §4 (amd).]
C. The subsistence needs of the nonprimary care provider must be taken into
account when establishing the parental support obligation. If the annual
gross income of the nonprimary care provider is less than the federal
poverty guideline, the nonprimary care provider's weekly parental support
obligation for each child for whom a support award is being established or
modified may not exceed 10% of the nonprimary care provider's weekly gross
income, regardless of the amount of the parties' combined annual gross
income. The child support table includes a self-support reserve for obligors
earning less than $12,600 per year. If the nonprimary care provider's annual
gross income, without adjustments, is in the self-support reserve, the
amount listed in the table for the number of children is the nonprimary care
provider's basic support obligation, regardless of the parties' combined
annual gross income. The nonprimary care provider's proportional share of
childcare, health insurance premiums and extraordinary medical expenses are
added to this basic support obligation. [2001, c. 554, §10 (amd).]
D. When the parties have equal annual gross incomes and provide
substantially equal care for each child for whom support is being
determined, neither party is required to pay the other a parental support
obligation. The parties shall share equally the child care costs, health
insurance premiums and uninsured medical expenses. [2003, c. 415, §9 (amd).]
D-1. When the parties do not have equal annual gross incomes but provide
substantially equal care for each child for whom support is being
determined, the presumptive parental support obligation must be determined
as follows.
(1) The enhanced support entitlement for each child must be determined.
(2) Using the enhanced support entitlement, a parental support obligation
for each child must be determined by dividing the total enhanced support
obligation between the parties in proportion to their respective gross
incomes.
(3) The party with the higher annual gross income has a presumptive
obligation to pay the other party the lower of:
(a) The difference between their parental support obligations as calculated
in subparagraph (2); and
(b) The presumptive parental support obligation determined for the payor
party using the basic support entitlement under the support guidelines as
though the other party provided primary residential care of the child.
(4) The parties shall share the child care costs, health insurance premiums
and uninsured medical expenses in proportion to their incomes.
[2003, c. 415, §10 (new).]
E. When each party is the primary residential care provider for at least one
of the children involved, a child support obligation must first be computed
separately for each party for each child residing primarily with the other
party, based on a calculation pursuant to the support guidelines, and using
as input in each calculation the number of children in each household,
rather than the total number of children. The amounts determined in this
manner represent the theoretical support obligation due each party for
support of each child for whom the party has primary residential
responsibility. Each party's proportionate share of child care costs and
health insurance premiums is added to the amounts calculated, and the party
owing the greater amount of child support shall pay the difference between
the 2 amounts as a parental support obligation. [2001, c. 264, §4 (amd).]
[2003, c. 415, §§9, 10 (amd).]
6. Prospective child support award. An order establishing a child support
award for a child who has attained 10 years of age must also establish an
award for the child as if the child were 12 years of age. The prospective
award becomes effective on the child's 12th birthday without further order
or decision of the court or hearing officer, and the order establishing or
modifying the prospective award must state this fact. [1995, c. 694, Pt. B,
§2 (new); Pt. E, §2 (aff).]
7. Incorporated findings. As part of its current child support order, the
court or hearing officer shall make the following findings:
A. The names and dates of birth of each child for whom support is being
sought; [1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
B. The annual gross income of each party and the combined annual income of
both parties; [1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
C. The amount of the basic weekly support entitlement attributable to each
child under 12 years of age, as indicated per child per week on the child
support table; [1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
D. The amount of the basic weekly support entitlement attributable to each
child 12 years of age and over, as indicated per child per week on the child
support table; [1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
E. The name and date of birth of each child for whom work-related day care
expenses are paid and the amount of those expenses; [1995, c. 694, Pt. B, §2
(new); Pt. E, §2 (aff).]
F. The name and date of birth of each child for whom extraordinary medical
expenses are paid and the amount of those expenses; [2001, c. 264, §5 (amd).]
G. The parental support obligation of the party ordered to pay child
support; and [2003, c. 415, §11 (amd).]
H. The name and date of birth of each child for whom health insurance
premiums are paid and the amount of those premiums. [2001, c. 264, §6
(new).]
These findings are made by incorporating the completed child support
worksheet into the order for current support.
[2003, c. 415, §11 (amd).]
8. Requirements of support provisions. To assist in a formal review
proceeding, and to enable the parties to reduce the incidence of formal
modification procedures, an order establishing parental support obligation
must include:
A. The name of each child; [1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
B. A beginning date for the parental support obligation; [1995, c. 694, Pt.
B, §2 (new); Pt. E, §2 (aff).]
C. A breakdown of the parental support obligation, including:
(1) The amount for basic support entitlements and the amount for enhanced
support entitlements, if applicable;
(2) The amount for child care costs;
(3) The amount for extraordinary medical expenses;
(4) The percentage of the total child care costs and extraordinary medical
expenses included in the parental support obligation, if applicable; and
(5) The amount for health insurance premiums;
[2003, c. 415, §12 (amd).]...
Section History:
PL 1995, Ch. 694, §B2 (NEW).
PL 1995, Ch. 694, §E2 (AFF).
PL 1997, Ch. 537, §22,23 (AMD).
PL 1997, Ch. 537, §62 (AFF).
PL 2001, Ch. 264, §3-7 (AMD).
PL 2001, Ch. 554, §10 (AMD).
PL 2003, Ch. 415, §7-12 (AMD).
PL 2005, Ch. 352, §3-5 (AMD).
...For further
information, please refer to the Maine Revised Statutes - Title 19-A
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Child Custody
and Visitation Law
§1653. Parental rights and responsibilities
1. Legislative findings and purpose. The Legislature makes the following
findings concerning relationships among family members in determining what
is in the best interest of children.
A. The Legislature finds and declares as public policy that encouraging
mediated resolutions of disputes between parents is in the best interest of
minor children. [1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
B. The Legislature finds that domestic abuse is a serious crime against the
individual and society, producing an unhealthy and dangerous family
environment, resulting in a pattern of escalating abuse, including violence,
that frequently culminates in intrafamily homicide and creating an
atmosphere that is not conducive to healthy childhood development. [1995, c.
694, Pt. B, §2 (new); Pt. E, §2 (aff).]
C. The Legislature finds and declares that it is the public policy of this
State to assure minor children of frequent and continuing contact with both
parents after the parents have separated or dissolved their marriage and
that it is in the public interest to encourage parents to share the rights
and responsibilities of child rearing in order to effect this policy. [2001,
c. 329, §1 (new).]
[2001, c. 329, §1 (amd).]
2. Parental rights and responsibilities; order. This subsection governs
parental rights and responsibilities and court orders for parental rights
and responsibilities.
A. When the parents have agreed to an award of shared parental rights and
responsibilities or so agree in open court, the court shall make that award
unless there is substantial evidence that it should not be ordered. The
court shall state in its decision the reasons for not ordering a shared
parental rights and responsibilities award agreed to by the parents. [1995,
c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
B. The court may award reasonable rights of contact with a minor child to a
3rd person. [1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
C. The court may award parental rights and responsibilities with respect to
the child to a 3rd person, a suitable society or institution for the care
and protection of children or the department, upon a finding that awarding
parental rights and responsibilities to either or both parents will place
the child in jeopardy as defined in Title 22, section 4002, subsection 6.
[1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
D. The order of the court awarding parental rights and responsibilities must
include the following:
(1) Allocated parental rights and responsibilities, shared parental rights
and responsibilities or sole parental rights and responsibilities, according
to the best interest of the child as provided in subsection 3. An award of
shared parental rights and responsibilities may include either an allocation
of the child's primary residential care to one parent and rights of
parent-child contact to the other parent, or a sharing of the child's
primary residential care by both parents. If either or both parents request
an award of shared primary residential care and the court does not award
shared primary residential care of the child, the court shall state in its
decision the reasons why shared primary residential care is not in the best
interest of the child;
(2) Conditions of parent-child contact in cases involving domestic abuse as
provided in subsection 6;
(3) A provision for child support as provided in subsection 8 or a statement
of the reasons for not ordering child support;
(4) A statement that each parent must have access to records and information
pertaining to a minor child, including, but not limited to, medical, dental
and school records and other information on school activities, whether or
not the child resides with the parent, unless that access is found not to be
in the best interest of the child or that access is found to be sought for
the purpose of causing detriment to the other parent. If that access is not
ordered, the court shall state in the order its reasons for denying that
access;
(5) A statement that violation of the order may result in a finding of
contempt and imposition of sanctions as provided in subsection 7; and
(6) A statement of the definition of shared parental rights and
responsibilities contained in section 1501, subsection 5, if the order of
the court awards shared parental rights and responsibilities.
An order modifying a previous order is not required to include provisions of
the previous order that are not modified. [2001, c. 329, §2 (amd).]
E. The order of the court may not include a requirement that the State pay
for the defendant to attend a batterers' intervention program unless the
program is certified under section 4014. [1995, c. 694, Pt. B, §2 (new); Pt.
E, §2 (aff).]
[2001, c. 329, §2 (amd).]
3. Best interest of child. 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:
A. The age of the child; [1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
B. The relationship of the child with the child's parents and any other
persons who may significantly affect the child's welfare; [1995, c. 694, Pt.
B, §2 (new); Pt. E, §2 (aff).]
C. The preference of the child, if old enough to express a meaningful
preference; [1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
D. The duration and adequacy of the child's current living arrangements and
the desirability of maintaining continuity; [1995, c. 694, Pt. B, §2 (new);
Pt. E, §2 (aff).]
E. The stability of any proposed living arrangements for the child; [1995,
c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
F. The motivation of the parties involved and their capacities to give the
child love, affection and guidance; [1995, c. 694, Pt. B, §2 (new); Pt. E,
§2 (aff).]
G. The child's adjustment to the child's present home, school and community;
[1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
H. The capacity of each parent to allow and encourage frequent and
continuing contact between the child and the other parent, including
physical access; [1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
I. The capacity of each parent to cooperate or to learn to cooperate in
child care; [1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
J. Methods for assisting parental cooperation and resolving disputes and
each parent's willingness to use those methods; [1995, c. 694, Pt. B, §2
(new); Pt. E, §2 (aff).]
K. The effect on the child if one parent has sole authority over the child's
upbringing; [1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
L. The existence of domestic abuse between the parents, in the past or
currently, and how that abuse affects:
(1) The child emotionally; and
(2) The safety of the child;
[1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
M. The existence of any history of child abuse by a parent; [1997, c. 187,
§3 (amd); §5 (aff).]
N. All other factors having a reasonable bearing on the physical and
psychological well-being of the child; [1999, c. 702, §1 (amd).]
O. A parent's prior willful misuse of the protection from abuse process in
chapter 101 in order to gain tactical advantage in a proceeding involving
the determination of parental rights and responsibilities of a minor child.
Such willful misuse may only be considered if established by clear and
convincing evidence, and if it is further found by clear and convincing
evidence that in the particular circumstances of the parents and child, that
willful misuse tends to show that the acting parent will in the future have
a lessened ability and willingness to cooperate and work with the other
parent in their shared responsibilities for the child. The court shall
articulate findings of fact whenever relying upon this factor as part of its
determination of a child's best interest. The voluntary dismissal of a
protection from abuse petition may not, taken alone, be treated as evidence
of the willful misuse of the protection from abuse process; [2001, c. 665,
§1 (amd).]
P. If the child is under one year of age, whether the child is being
breast-fed; and [2001, c. 665, §2 (amd).]
Q. The existence of a parent's conviction for a sex offense or a sexually
violent offense as those terms are defined in Title 34-A, section 11203.
[2001, c. 665, §3 (new).]
[2001, c. 665, §§1-3 (amd).]
4. Equal consideration of parents. The court may not apply a preference for
one parent over the other in determining parental rights and
responsibilities because of the parent's gender or the child's age or
gender. [1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
5. Departure from family residence. The court may not consider departure
from the family residence as a factor in determining parental rights and
responsibilities with respect to a minor child when the departing parent has
been physically harmed or seriously threatened with physical harm by the
other parent and that harm or threat of harm was causally related to the
departure, or when one parent has left the family residence by mutual
agreement or at the request or insistence of the other parent. [1995, c.
694, Pt. B, §2 (new); Pt. E, §2 (aff).]
5-A. Effect of protective order. Although the court shall consider the fact
that a protective order was issued under chapter 101, the court shall
determine the proper award of parental rights and responsibilities and award
of rights of contact de novo and may not use as precedent the award of
parental rights and responsibilities and rights of contact included in the
protective order. [2001, c. 273, §1 (new).]
6. Conditions of parent-child contact in cases involving domestic abuse. The
court shall establish conditions of parent-child contact in cases involving
domestic abuse as follows.
Section History:
PL 1995, Ch. 694, §B2 (NEW).
PL 1995, Ch. 694, §E2 (AFF).
PL 1997, Ch. 187, §2,3 (AMD).
PL 1997, Ch. 187, §5 (AFF).
PL 1997, Ch. 403, §1 (AMD).
PL 1997, Ch. 403, §4 (AFF).
PL 1997, Ch. 415, §3 (AMD).
PL 1997, Ch. 415, §5 (AFF).
PL 1999, Ch. 702, §1-3 (AMD).
PL 2001, Ch. 273, §1 (AMD).
PL 2001, Ch. 329, §1,2 (AMD).
PL 2001, Ch. 665, §1-4 (AMD).
PL 2003, Ch. 711, §C1 (AMD).
PL 2005, Ch. 323, §12 (AMD).
PL 2005, Ch. 366, §2,3 (AMD).
...For further
information, please refer to the Maine Revised Statutes - Title 19-A
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Property
Division
§953. Disposition of property
1. Disposition. 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:
A. The contribution of each spouse to the acquisition of the marital
property, including the contribution of a spouse as homemaker; [1995, c.
694, Pt. B, §2 (new); Pt. E, §2 (aff).]
B. The value of the property set apart to each spouse; and [1995, c. 694,
Pt. B, §2 (new); Pt. E, §2 (aff).]
C. 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. [1995, c. 694, Pt. B, §2 (new); Pt.
E, §2 (aff).]
[1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
2. Definition. For purposes of this section, "marital property" means all
property acquired by either spouse subsequent to the marriage, except:
A. Property acquired by gift, bequest, devise or descent; [1995, c. 694, Pt.
B, §2 (new); Pt. E, §2 (aff).]
B. Property acquired in exchange for property acquired prior to the marriage
or in exchange for property acquired by gift, bequest, devise or descent;
[1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
C. Property acquired by a spouse after a decree of legal separation; [1995,
c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
D. Property excluded by valid agreement of the parties; and [1995, c. 694,
Pt. B, §2 (new); Pt. E, §2 (aff).]
E. The increase in value of property acquired prior to the marriage and the
increase in value of a spouse's nonmarital property as defined in paragraphs
A to D.
(1) "Increase in value" includes:
(a) Appreciation resulting from market forces; and
(b) Appreciation resulting from reinvested income and capital gain unless
either or both spouses had a substantial active role during the marriage in
managing, preserving or improving the property.
(2) "Increase in value" does not include:
(a) Appreciation resulting from the investment of marital funds or property
in the nonmarital property;
(b) Appreciation resulting from marital labor; and
(c) Appreciation resulting from reinvested income and capital gain if either
or both spouses had a substantial active role during the marriage in
managing, preserving or improving the property.
[1999, c. 665, §1 (amd); §2 (aff).]
[1999, c. 665, §1 (amd); §2 (aff).]
3. Acquired subsequent to marriage. All property acquired by either spouse
subsequent to the marriage and prior to a decree of legal separation is
presumed to be marital property regardless of whether title is held
individually or by the spouses in some form of coownership such as joint
tenancy, tenancy in common, tenancy by the entirety or community property.
The presumption of marital property is overcome by a showing that the
property was acquired by a method listed in subsection 2. [1995, c. 694, Pt.
B, §2 (new); Pt. E, §2 (aff).]
4. Disposition of marital property. If both parties to a divorce action also
request the court in writing to order disposition of marital property
acquired by either or both of the parties to the divorce prior to January 1,
1972, or nonmarital property owned by the parties to the divorce action, the
court shall also order disposition in accordance with subsection 1. [1995,
c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
5. Decree contents. If the final divorce decree disposes of real property,
it must name the party or parties responsible for preparing and recording
the decree of divorce or abstract of the decree and paying the recording fee
after the clerk has prepared or approved the abstract. The decree may name
different parties to be responsible for different parcels. [1995, c. 694,
Pt. B, §2 (new); Pt. E, §2 (aff).]
6. Nonowner spouse claims. Notwithstanding the actual notice provisions of
Title 14, section 4455 or any other laws, a claim of a nonowner spouse to
real estate as "marital property," as defined in this section, does not
affect title to the real estate of the owner spouse until the nonowner
spouse records in the appropriate registry of deeds either:
A. A copy of the divorce complaint as filed in court; [1995, c. 694, Pt. B,
§2 (new); Pt. E, §2 (aff).]
B. A clerk's certificate of the divorce complaint, as described in Title 14,
section 4455, subsection 2; or [1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
C. A decree or abstract of the decree as described in this section. [1995,
c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
This recording requirement applies to all divorce proceedings in this State
or in any other jurisdiction.
[1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
6-A. Nonowner spouse interest in certain payments or accounts. After the
filing of a divorce complaint under section 901, a nonowner spouse has an
inchoate equitable ownership interest, without the need to obtain an
attachment, levy or court order, in the individual retirement account or
similar plan or contract on account of illness, disability, death, age or
length of service of the owner spouse, to the extent the account or plan is
either exempt or beyond the reach of an attaching or judgment lien creditor
under state or federal law. [2005, c. 298, §1 (new).]
7. Decree or abstract as deed. All rights acquired under former Title 19,
section 721 or 723 on or before December 31, 1971 and all rights acquired
under this section by a party in the real estate of the other party are
effective against a person when the decree of divorce or an abstract of the
decree is filed in the registry of deeds for the county or registry district
where the real estate is situated. The decree or abstract, at a minimum,
must contain:
A. The caption of the case, including the names of the parties, and any
changes to the parties' names after the decree; [2003, c. 18, §1 (new).]
B. The date the judgment is final and the court that issued the decree;
[2003, c. 18, §1 (new).]
C. An adequate description of the real estate, such as by reference to the
volume and page number of an instrument recorded in the registry of deeds or
the probate court record, or an adequate description by metes and bounds or
by reference to the volume and page number of the registry of deeds' records
of a survey plan of the property; [2003, c. 18, §1 (new).]
D. Any provision of the decree intended by the court to constitute an
encumbrance against real estate, including any conditions pertaining to the
encumbrance, in the verbatim language used by the court. If the abstract
does not contain the provision required by this paragraph, an encumbrance
may not be considered effective against a 3rd party unless the encumbrance
has been memorialized in a separate, duly recorded instrument; and [2003, c.
18, §1 (new).]
E. A clear statement of the ownership interest of the parties in the real
estate intended by the court to result from that decree. [2003, c. 18, §1
(new).]
An inconsequential failure to provide all the details required pursuant to
paragraphs A to E does not create an invalid abstract for purposes of this
section.
The failure of a party to record the decree or an abstract of the decree
within a time period prescribed by former Title 19, section 725 does not
affect the rights of that party as against the other party or the other
party's heirs or devisees. The recording of the decree or abstract of the
decree has the force and effect of a quitclaim deed releasing all interest
in the real estate described in the decree or abstract of the decree,
whether the interest is in fee or by statute.
[2003, c. 18, §1 (rpr).]
8. Out-of-state divorce decrees. When a divorce has been granted out of the
State, the plaintiff, or the plaintiff's attorney, shall cause a duly
authenticated copy of the order to be recorded with the register of deeds in
each of the counties where the real estate or any part of the real estate is
situated. The appropriate recording fee must be paid prior to the recording.
[1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
9. Omitted property. If a final divorce decree fails to set apart or divide
marital property over which the court had jurisdiction, the omitted property
is deemed held by both parties as tenants in common. On the motion of either
party, the court may set aside or divide the omitted property between the
parties, as justice may require. [1995, c. 694, Pt. B, §2 (new); Pt. E, §2 (aff).]
Section History:
PL 1995, Ch. 694, §B2 (NEW).
PL 1995, Ch. 694, §E2 (AFF).
PL 1999, Ch. 665, §1 (AMD).
PL 1999, Ch. 665, §2 (AFF).
PL 2003, Ch. 18, §1 (AMD).
PL 2005, Ch. 298, §1 (AMD).
...For further
information, please refer to the Maine Revised Statutes - Title 19-A
Pensions & Divorce
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