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What are the grounds for divorce?
The answer to the question is that Maine permits divorces to be granted on the ground of “irreconcilable marital differences between the spouses”. This is also referred to as a “no-fault” divorce. In order to obtain a no-fault divorce, it must be shown that the marital differences are sufficiently serious as to make it impossible for you and your spouse to live together.
Although the traditional fault-related grounds for divorce such as “cruel and abusive treatment” and “adultery” still exist, virtually all divorces now proceed solely on the grounds of irreconcilable marital differences. The purpose of the no-fault divorce is to reduce bitterness and hostility between the spouses which can be generated by the divorce process. There is no “advantage” gained by proving fault. Except in the case of economic misconduct, neither side is penalized based on inappropriate behavior.
What issues will be addressed in a divorce?
In addition to determining whether the husband and wife will be granted a divorce, Maine divorce courts have broad powers to resolve all other issues related to the divorce. Other issues often include (1) the determination of future parental rights and responsibilities (including child support and visitation) if there are children of the marriage under the age of eighteen; (2) the award of temporary or permanent alimony; (3) the division of marital property belonging to the parties and the setting aside of non-marital property; (4) determining responsibility for the payment of marital debts; (5) permitting a wife to resume her former name; and (6) the determination of the responsibility for paying the attorney’s fees and court costs incurred as a result of the divorce. The property and financial issues which may arise during a divorce are virtually unlimited. For more information log onto www.shankmanlegal.com
...Neil S. Shankman, Attorney
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