Maine Revised Statutes Title 19-A Sec. 901 – Action for divorce; procedures
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1. Filing of complaint; grounds. A person seeking a divorce may file a complaint for divorce in the District Court if:
A. The plaintiff has resided in good faith in this State for 6 months prior to the commencement of the action; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
B. The plaintiff is a resident of this State and the parties were married in this State; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
C. The plaintiff is a resident of this State and the parties resided in this State when the cause of divorce accrued; or [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
D. The defendant is a resident of this State. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
The complaint must state one or more grounds listed in section 902, subsection 1.
[PL 1999, c. 731, Pt. ZZZ, §29 (AMD); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]
Terms Used In Maine Revised Statutes Title 19-A Sec. 901
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Fraud: Intentional deception resulting in injury to another.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: means an individual, trust, estate, partnership, association, company, corporation, political subdivision of the State, instrumentality of the State or other entity. See Maine Revised Statutes Title 19-A Sec. 101
- Plaintiff: The person who files the complaint in a civil lawsuit.
- state: means any state, territory or possession of the United States, the Commonwealth of Puerto Rico and the District of Columbia. See Maine Revised Statutes Title 19-A Sec. 101
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
2. Guardian ad litem. If the alleged cause is that one of the parties is an incapacitated person, as provided in section 902, subsection 1, paragraph J, the court shall appoint a guardian ad litem to represent the interests of the incapacitated person.
[PL 2005, c. 594, §1 (AMD).]
3. Exclusion of public. In a divorce action, at the request of either party, personally or through that party’s attorney, unless the other party who has entered an appearance objects personally or through that other party’s attorney, the court shall exclude the public from the court proceedings.
If the court orders that the public is to be excluded, only the parties, their attorneys, court officers and witnesses may be present.
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
4. Corroborating witness not required. When the merits of a divorce action are not contested, whether or not an answer has been filed, there is no requirement that the testimony of the complaining party be corroborated by witnesses.
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
5. Fraud. The court may not grant a divorce when the parties seek to procure a divorce for fraudulent purposes.
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
6. Attorney’s fees and costs. Attorney’s fees awarded in the nature of support may be made payable immediately or in installments.
[PL 2005, c. 323, §4 (AMD).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 1999, c. 731, §ZZZ29 (AMD). PL 1999, c. 731, §ZZZ42 (AFF). PL 2005, c. 323, §4 (AMD). PL 2005, c. 594, §1 (AMD).