Maine Divorce Laws

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A divorce is considered as a legal procedure in every state. Thus, it is governed by specially formed rules and regulations that are known as the divorce laws. The Maine divorce laws use the basic structure of the family laws incorporated by federal system. There are specific modifications in the divorce laws according to the requirements of the state of Maine. The Maine government puts the condition of staying at least for six months in the state, before making a registration of divorce case. This condition can be fulfilled by the person who is applying for a divorce or the other partner.

Maine Divorce Laws regarding Child Support

The child support amount contributed by the parents is payable on a quarterly or monthly or weekly basis. Initially, the hearing officer or the Court determines the yearly total income of both partners. These two incomes are added to find out the combined annual gross income. This is then applied to the child support table so that the amount that the child is entitled to can be found out. The full or partial payment of all hospital expenditure, medical expenditure and other health care expenditure of the child has to be paid by the parents. Minimum one parent must maintain the health insurance coverage for dental, hospitalization and medical expenses, in order to obtain a reasonable cost health insurance . The child support may be stopped, if the Court alters the order or if the child joins the armed services, gets married or completes the age of 18.

The amount of child support can be extended if the situation demands so. Such decision will be taken by the court under its judiciary powers. Such situation arises when a child meets with some kind of serious problem in early life.

Maine Divorce Laws regarding Child Custody

The child custody is often a disputable issue between the parents who wish to get permanently separated. There are many types of child custody. The joint custody and single parent custody are some of them. The type and nature of the custody is decided by the court after taking into account all factors . The revised statutes Title 19-A Section 1653 are observed while deciding child custody. The factors that are considered by the Court are as follows -

  • Any past incidence of child abuse by either parent
  • Any past incidence of abuse amongst the parents and how this abuse has emotionally affected the child and the safety of the child
  • In case a single parent has sole authority over the upbringing of the child, how does this fact affect the child
  • Each parent's readiness to use the methods of parental cooperation and dispute resolving
  • The ability of the parents to cooperate or learn to cooperate when dealing with the safety and care of the child
  • The ability of every parent to permit and promote continued and frequent contact amongst the other parent and the child, inclusive of physical access
  • The adjustment of the child in the community, in school and in the house
  • The abilities of the partners to offer guidance, affection and love to the child
  • How stable the living arrangements for the child are
  • If the child is sufficiently grown up to make a meaningful preference, then the preference of the child
  • The relation amongst the child and the parents as well as with any other individuals who considerably affect the welfare of the child
  • The age of the child

Property distribution

Property distribution can be decided by the spouses if they agree on its terms. In most cases, the property is divided mutually to make a quick dissolution. In this state, marital property is separated amongst the partners equitably after due consideration of the relevant points, such as -

  • The financial conditions of the partners during the property distribution , inclusive of the wish of the partners to award the family house or the right to reside in it for reasonable duration to the partner who has the custody of the children
  • The valuation of the property that is reserved for each partner
  • The input of each partner during the attainment of the marital property, inclusive of the input as a homemaker

Before dividing the property, the marital property is distinguished from the personal property. The gifted or inherited assets are not to be considered in marital property as they are not earned by the spouses. The distribution of property is done on the basis of revised statutes Title 19-A, Section 953.

Such is the nature of divorce laws in Maine. The details are to be studied for the complex cases of divorce. The applicant can take legal help to know the meaning of legal terms in Maine divorce laws.

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