Maine Division Order

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Control #:
US-OG-068
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FAQ

In Maine, judges are bound by the ?equitable distribution? standard. This means that marital property is to be divided in a manner that is fair and equitable to both parties?not necessarily an equal 50/50 split, though that is sometimes the case.

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.

In Maine, child support is calculated based on three factors: 1) the Maine Child Support Guidelines established by the Legislature (this is based on the combined income of both parents); 2) health insurance costs for the child, if any; and, 3) daycare costs for the child, if any.

The court will divide your property ?equitably,? which means fairly, based upon the specific circumstances of your family. Equitable division of marital property does not necessarily mean that property will be divided equally. Equitable division also does not necessarily depend upon which spouse paid for things.

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.

The court will divide your property ?equitably,? which means fairly, based upon the specific circumstances of your family. Equitable division of marital property does not necessarily mean that property will be divided equally. Equitable division also does not necessarily depend upon which spouse paid for things.

If you have been served with court papers in a divorce or parental rights and responsibilities case, you may file a written response (called an "answer") within 21 days of when you received the papers. Your answer or response may include a ?counterclaim? (a claim against the plaintiff).

Maine is not a ?community property state, but a so-called ?equal distribution? state. This means that in the event of a conflict, the court will divide your property ?equitably.? That doesn't mean ?equally divided,? nor who paid for it.

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Maine Division Order