Maine Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce

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Multi-State
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US-01797BG
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Description

Most states don't have a remarriage waiting period after divorce, but some states have a statutory waiting time or allow a judge to create a waiting period for the parties. In some states, both parties must be given time to appeal the divorce decree before you can remarry. Those states that have remarriage waiting periods generally calculate the waiting period from the day the judge approves the divorce decree.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

In either case, Maine law requires a minimum 60-day waiting period between the filing of all the necessary divorce paperwork and the final hearing. Your case may take longer than 60 days, especially if you and your spouse do not agree on all issues.

Cheating has no bearing on division of assets unless you have an ironclad prenup. In a community property state, she would get half of the community property assets. If either or both could substantiate sole and separate property, that would remain with the owner.

While cheating and adultery will not affect your ability to divorce, it certainly can determine if the divorce no-fault or fault. Additionally, adultery can also have an impact on the decisions made during the divorce process, including alimony and property division.

When you file a divorce, in most states you have to wait a certain period of time before you are allowed to finalize or finish the divorce. This is called a divorce waiting period or cooling off period. The longest wait is 365 days and the shortest wait is 0 days.

In Maine, adultery is a ground for a fault-based divorce. This means that if you or your partner was unfaithful during marriage, that fact can be used to press a petition for divorce.

Ann. tit. 19-A, § 902 (2021).) Because adultery is a legal basis for divorce in Maine, a judge will grant a petition for a divorce when a spouse can prove that the other committed adultery.

Maine has an equitable distribution or common law system of marital property, which is true for the majority of states. Under this system, marital property isn't automatically assumed to be owned by both spouses and therefore should be divided equally at divorce.

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Maine Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce