No-Fault vs. Fault Divorces in Maine

Maine, like all U.S. states, is a no-fault divorce state, i.e., it allows divorces without apportioning fault to either spouse. However, unlike some states, Maine also allows fault divorces.

Though the requirements for a no-fault divorce differ from state to state, the common goal is to lower the risk of conflict during the divorce process and reduce the burden on precious court time.

Even no-fault divorces may sometimes end up in courtroom battles, but trials are more likely to occur in fault divorces, which are far less common in Maine.

Let us look at the main differences between no-fault and fault divorces in Maine and also clarify any confusion between these terms and uncontested/contested divorces.

Before applying for a divorce in Maine, you must have legal grounds for the action. A divorce can be granted only for a few specific legal reasons:

• Irreconcilable differences between spouses (no-fault divorce)
• Adultery (fault divorce)
• Desertion (fault divorce)
• Cruelty (fault divorce)

Furthermore, before filing for divorce in Maine, spouses must meet the following requirements:

• One spouse must be a resident of Maine for at least six months before filing
• The spouse(s) must file for divorce at the District Court where they reside and pay the filing fee

A no-fault divorce still requires a legally acceptable reason but, in Maine, this is cited as “irreconcilable differences” with no hope of reconciliation. Unlike some states, in Maine no waiting period is necessary for a divorce application to be approved after a married couple decides to divorce.

In no-fault divorces, no blame or fault is apportioned to either spouse. This means that neither spouse is required to submit evidence of adultery, desertion, or cruelty to prove how the marriage broke down.

However, this does not guarantee that the divorce will go smoothly without disputes or delays. Many at-fault divorces still end up in court.

A no-fault divorce refers to the grounds for divorce while an “uncontested” divorce refers to the level of agreement/conflict between the spouses regarding the divorce terms.

In a no-fault divorce, no blame is apportioned but couples must still resolve key issues like child custody, child support, spousal support, and marital property division.

These matters can become contentious as they often greatly affect the futures of the divorcing spouses. When there are disputes, the divorce is known as “contested.” If the divorcing spouses see eye to eye on all these matters and no mediation or litigation is required to resolve matters, the spouses can proceed with an “uncontested” divorce.

In uncontested divorces, couples usually undergo peaceful discussions, negotiating and compromising to reach agreements on the key aspects of divorce outlined above. Both parties participate in the divorce settlement agreement (often still with legal assistance) and maintain control over decisions rather than allowing a judge to decide, as in a contested divorce.

A “fault divorce” is where one spouse claims that the other spouse engaged in behavior that caused the marriage breakdown.

In Maine, this behavior is either adultery, cruelty, or desertion. For a spouse to receive a favorable outcome in a fault divorce, the claims must be proven with evidence.

Because of the significant challenges in proving fault—plus the extra conflict, delay, and expense of the at-fault divorce process—such divorces are the exception to the rule and account for a tiny percentage of divorces in Maine.

Whereas some divorcing couples may try to apply for and manage a divorce without legal assistance, this is inadvisable when trying to prove fault.

A judge will need to listen to the evidence from both sides and decide based on what can be proven. Presenting the arguments and supporting the assertions with evidence generally requires legal expertise. This usually adds to the time it takes to divorce, as well as the number of legal steps, the expense, and the stress levels involved.

Marital misconduct or fault may be considered by judges as a factor in divorce when considering matters such as:

• Whether to grant the divorce based on acceptable legal grounds.
• Whether to grant spousal support—and, if so, how much and for how long it should last (e.g., adultery by one spouse may increase the amount or duration of spousal support awarded to the other spouse).

Property division—fault by one of the spouses that caused a depreciation of the value of the marital assets, such as a gambling addiction, may cause a judge to award less property from the marital estate (in no-fault divorces in Maine, assets are usually divided equitably).

In no-fault divorces, one spouse cannot object to the divorce petition. However, at-fault divorces are different, allowing the alleged “at-fault” spouse to contest the claim.

The main defenses against fault in a divorce include the following:

• Condonation: Where the at-fault spouse can prove the other spouse forgave or overlooked their wrongdoing; g., the marriage continued despite knowledge of adultery.
• Provocation: Where the at-fault spouse proves the other spouse provoked their wrongdoing, e.g., leaving the marriage because of physical abuse or neglect (abandonment).
• Connivance: Where the at-fault spouse proves the other spouse created conditions for the wrongdoing, e.g., hiring someone to seduce the at-fault spouse to establish grounds for divorce (adultery).
• Collusion: Where a spouse proves that both spouses agreed to fabricate wrongdoing to force a divorce, but he/she reconsidered and backed out of the plan.
• Recrimination: Where the at-fault spouse can prove the other spouse was also guilty of wrongdoing.

If you need legal assistance with a divorce in Maine, speak to an experienced family law attorney at The Maine Divorce Group during an initial consultation.