Should I file for divorce in Maine or Arizona?

Q: What is marital abandonment in Maine?

Marital abandonment in Maine refers to one spouse leaving the marital home without consent and without plans to return. This can impact divorce proceedings, particularly regarding custody and asset division. Abandonment can be grounds for divorce, but it must be proven that the leaving spouse intended to abandon the marriage.

Full question:

My husband and I currently (we have been in Maine the necessary 6 months) reside in Maine, we also own property in Arizona. We have a minor daughter. We have agreed upon division of assets, debt and custody. I am immediately leaving Maine with my daughter to return to our home in Arizona, my husband agrees with this and agrees to my custody of our daughter. Should I file for Separation and Divorce in Maine or AZ?

Category: Divorce
Date: 04/07/2025
State: Maine

Answer:

Maine requires that at least one party must be a resident to file for divorce there. Since you have lived in Maine for six months, you could file in Maine. However, if you move to Arizona, your husband would need to file for divorce in Maine, and the court proceedings would occur there.

Maine follows equitable distribution, meaning property and debts are divided fairly but not necessarily equally. The court considers factors like each spouse's contributions and their economic circumstances.

In contrast, Arizona requires at least one party to have lived in the state for ninety days before filing. Arizona is a community property state, meaning the court divides community property equitably after separating each spouse's individual property.

If you have a separation agreement, its terms, except for child support, custody, and visitation, are generally binding unless deemed unfair by the court.

For personalized advice, consider consulting a local attorney who can review your specific situation.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How long does a spouse have to be gone before it's abandonment?

In Maine, abandonment occurs when one spouse leaves the marital home without consent and with no intention of returning. There is no specific time frame for abandonment, but prolonged absence can support a claim. Generally, if a spouse is gone for at least one year, it may be easier to prove abandonment in court. It's important to document the circumstances surrounding the departure.

What is marital abandonment in Maine?

What is considered abandonment in Maine?

In Maine, abandonment is defined as one spouse leaving the marital home without the other spouse's consent and without a reasonable justification for the departure. This can include leaving for an extended period without communication or intention to return. The court may consider the context and duration of the absence when determining abandonment.

What is a wife entitled to in an Arizona divorce?

In Arizona, a wife is entitled to a fair division of community property acquired during the marriage. Arizona is a community property state, meaning both spouses equally own property and debts incurred during the marriage. Individual property owned before marriage or received as a gift or inheritance typically remains with the original owner. The court aims for an equitable distribution, considering various factors.

What happens if you own a house before you get married in Arizona?

If you own a house before marriage in Arizona, it is considered separate property, meaning it generally remains yours after divorce. However, if marital funds are used for improvements or mortgage payments, the house may be subject to community property claims. It's essential to keep clear records of contributions to maintain its status as separate property.

What is the marital property law in Maine?

Maine follows the principle of equitable distribution for marital property. This means that property and debts acquired during the marriage are divided fairly, but not necessarily equally. The court considers several factors, including the length of the marriage, each spouse's financial situation, and contributions to the marriage when determining how to divide assets.