Grounds for Divorce in Maine: No-Fault, Fault and Separation Requirements
Maine lists eight grounds for divorce, led for most spouses by irreconcilable marital differences, which needs no separation period. Economic abuse and economic misconduct bear on property and support, while adultery is not a property factor.
What are the grounds for divorce in Maine?
Eight, plus a ground based on the appointment of a guardian with full powers for a party (19-A M.R.S. 902(1)).
| Ground | Paragraph | What the statute says |
|---|---|---|
| Adultery | A | Adultery |
| Impotence | B | Impotence |
| Extreme cruelty | C | Extreme cruelty |
| Utter desertion | D | Continued for 3 consecutive years before the action |
| Intoxication | E | Gross and confirmed habits from the use of liquor or drugs |
| Nonsupport | F | A spouse able to provide grossly, wantonly or cruelly refuses or neglects to |
| Cruel and abusive treatment | G | Cruel and abusive treatment |
| Irreconcilable marital differences | H | Irreconcilable marital differences |
Is Maine a no-fault state?
It has a no-fault ground, irreconcilable marital differences, and it keeps the fault grounds. Irreconcilable differences needs no proof of wrongdoing, which is why it is the one most spouses use.
Is there a separation requirement in Maine?
No. None of the grounds requires a separation before filing, except that the desertion ground requires three consecutive years. The fixed times are the residence rule and the 60 days after service; use the Maine divorce timeline calculator to see them.
What defenses exist in Maine?
Recrimination is a comparative rather than an absolute defense, and condonation is not an absolute defense but is discretionary with the court (902(3)-(4)).
Does fault matter to property and support in Maine?
The property factors include economic abuse by a spouse, along with contributions, the value of property set apart and economic circumstances (953(1)). Reimbursement support can be awarded in response to exceptional circumstances, including economic misconduct, economic abuse and a spouse’s contributions to the other’s advancement (951-A(2)(C)). See the Maine property division calculator and the Maine alimony calculator.
Does fault matter to the children in Maine?
The existence of domestic abuse between the parents, in the past or currently, and any history of child abuse by a parent are factors in the child’s best interest (1653(3)(L)-(M)). See the Maine parenting time calculator.
What does utter desertion require in Maine?
Utter desertion continued for 3 consecutive years before the action starts (902(1)(D)); it is one of the few grounds with a time element, and irreconcilable differences needs none.
What if one party has a guardian in Maine?
A court appointment of a guardian with full powers for a party is itself a ground (902(1)(J)), and the court appoints a guardian ad litem to represent the incapacitated party in the action (901(2)).
Does the complaint have to state the grounds in Maine?
Yes. The complaint must state one or more of the grounds in section 902(1) (901(1)).
What does the nonsupport ground require in Maine?
One spouse must have sufficient ability to provide for the other and grossly, wantonly or cruelly refuse or neglect to provide suitable maintenance for the complaining spouse (902(1)(F)).
What does the intoxication ground require in Maine?
Gross and confirmed habits of intoxication from the use of liquor or drugs (902(1)(E)).
Do the grounds change the timeline in Maine?
No. The same residence rule and the same 60 days from service apply to every Maine divorce, except that the desertion ground itself needs three consecutive years.
Frequently asked questions
What are the grounds for divorce in Maine?
Adultery, impotence, extreme cruelty, utter desertion, intoxication, nonsupport, cruel and abusive treatment, irreconcilable marital differences and a guardianship ground.
Is Maine a no-fault divorce state?
It has a no-fault ground and also keeps fault grounds.
Is a separation period required for a Maine divorce?
No separation period is required for irreconcilable differences.
Does adultery matter in a Maine divorce?
It is a ground, but the property factors listed in section 953 do not include adultery; they include economic abuse.
Can my spouse stop a Maine divorce?
A denial of irreconcilable differences can lead the court to require counseling, but it does not by itself prevent a divorce.
Official sources
- 19-A M.R.S. 901: action for divorce; procedures
- 19-A M.R.S. 902: grounds; defenses
- 19-A M.R.S. 903: preliminary injunction
- Maine Judicial Branch form FM-054: certificate in lieu of case management conference
- 19-A M.R.S. 953: disposition of property
- 19-A M.R.S. 1653: parental rights and responsibilities
- 19-A M.R.S. 951-A: spousal support
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Maine statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Maine attorney.