Fault vs. No-Fault Divorce in Maine: Grounds, Proof, and Impact on Settlements
Maine allows both fault and no-fault divorces. The overwhelming majority of couples choose a no-fault path citing 'irreconcilable marital differences.' Proving fault, like adultery, is expensive and typically does not change how property is divided.
When you decide to end your marriage in Maine, one of the first legal hurdles is establishing the 'grounds' for the divorce. Grounds are the legal justification you provide to the court to explain why the marriage is ending. Maine is unique because it is a hybrid state; it allows you to file under a simple no-fault basis, but it still retains traditional fault-based grounds on its books. Whether you are filing at the Augusta District Court, Augusta or the Waterville District Court, Waterville, you must declare these grounds in your initial paperwork.
Many spouses who have been wronged by infidelity or cruelty assume that proving fault will result in a massive financial payout from the court. However, the realities of Maine family law are much more complex. Trying to punish an ex-spouse through the court system often ends up punishing your own bank account instead. To navigate this strategically, we strongly recommend browsing our directory to consult with a Maine divorce lawyer who can evaluate whether pursuing a fault-based claim is truly in your best interest.
Fault vs. No-Fault Grounds in Maine
The grounds for divorce are codified under Me. Rev. Stat. tit. 19-A, § 902. You make this selection when completing Form FM-004, Maine, District Court, Complaint for Divorce.
No-Fault: Irreconcilable Marital Differences
A no-fault divorce is exactly what it sounds like. You are telling the court that the marriage is fundamentally broken, and there is no hope for reconciliation, without blaming either spouse for the failure. In Maine, this is legally termed 'irreconcilable marital differences'. The primary benefit of a no-fault filing is privacy and speed. You do not have to drag your spouse's bad behavior into public court records, nor do you have to gather witness testimonies or hire private investigators to prove your claims.
Proving Adultery, Extreme Cruelty, or Desertion Grounds
If you choose to file for a fault-based divorce, you take on the burden of proving that your spouse committed specific acts outlined in Maine statutes. The most common fault grounds include adultery, extreme cruelty, utter desertion for three consecutive years, gross and confirmed habits of intoxication, or cruel and abusive treatment. Proving adultery, for instance, requires presenting compelling evidence to the judge-such as text messages, hotel receipts, or testimony from a private investigator. If you fail to prove the fault ground at trial, the judge could theoretically deny the divorce, though most attorneys will include a backup claim of irreconcilable differences to prevent the case from being dismissed.
Does Fault Impact Property Division or Spousal Support?
This is the most critical question for most litigants. Maine is an 'equitable distribution' state, meaning the judge will divide marital property in a way that is fair, though not necessarily equal 50/50. Under Me. Rev. Stat. tit. 19-A, § 953, the court considers several factors when dividing property, such as the contribution of each spouse to the acquisition of the property. Crucially, moral fault-like adultery or being a bad partner-is generally not a factor in dividing property. The courts affirmed this in the precedent set by Boyd v. Boyd, 421 A.2d 1356 (ME Supreme Judicial Court 1980).
However, there is an exception for 'economic misconduct'. If you can prove that your spouse wasted marital assets on an affair (e.g., buying a paramour a car or expensive vacations), the judge can award you a larger share of the remaining marital estate to compensate for the wasted funds. Additionally, severe fault can sometimes influence a judge's decision regarding spousal support (alimony) and child custody, particularly if the fault involved domestic violence or substance abuse that endangers the children.
The Cost Differences in Litigating Fault
Litigating a fault-based divorce is exceptionally expensive. In a no-fault divorce, attorneys focus their billable hours on negotiating the division of assets and parenting plans. In a fault-based divorce, lawyers must conduct extensive 'discovery'. They will subpoena financial records, depose witnesses, and hire experts. This aggressive litigation can quickly drive attorney fees from a manageable $3,000 to well over $15,000 or $20,000. Furthermore, fault divorces take significantly longer to resolve because they almost always require a full trial before a judge.
Frequently Asked Questions (FAQ)
Will I get more alimony if my spouse cheated?
Not necessarily. While a judge may consider marital misconduct when determining spousal support, Maine courts primarily base alimony on financial need, the length of the marriage, and the paying spouse's ability to pay, rather than strictly using it as a punishment for infidelity.
Can I stop a no-fault divorce if I don't want it?
No. If one spouse claims there are irreconcilable marital differences, the court will generally grant the divorce. You cannot force someone to stay married to you simply by disagreeing that the marriage is broken.
What is 'utter desertion' in Maine?
Utter desertion is a specific fault ground that requires proving your spouse left the marital home intentionally, without your consent, and has remained away continuously for at least three consecutive years prior to filing.
Should I mention my spouse's alcoholism in the paperwork?
If the substance abuse impacts the safety of your children, it is highly relevant and should be raised when negotiating custody. However, merely using 'gross and confirmed habits of intoxication' as a ground for divorce may complicate your case unnecessarily compared to filing no-fault.
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