Full question:
I live with my husband in Maine. He earns sufficient money but he refuses to provide maintenance or any kind of support. I do not want to continue our marriage. Can nonsupport be a ground for filing divorce?
- Category: Divorce
- Subcategory: Grounds
- Date:
- State: Maine
Answer:
In Maine, a spouse can file a divorce on the ground of nonsupport. This means when one spouse has the ability to provide support and maintenance to the other spouse but grossly, wantonly or cruelly refuses or neglects to provide with suitable maintenance for the complaining spouse.19-A M.R.S. §902 lays various grounds for divorce and defenses. It reads:
“1. Grounds.
A divorce may be granted for one of the following causes:
A. Adultery;
B. Impotence
C. Extreme cruelty;
D. Utter desertion continued for 3 consecutive years prior to the commencement of the action;
E. Gross and confirmed habits of intoxication from the use of liquor or drugs;
F. Nonsupport, when one spouse has sufficient ability to provide for the other spouse and grossly, wantonly or cruelly refuses or neglects to provide suitable maintenance for the complaining spouse;
G. Cruel and abusive treatment;
H. Irreconcilable marital differences; or
I. Repealed. Laws 2005, c. 594, § 2.
J. A judicial determination has been made that one of the parties is an incapacitated person, as defined in Title 18-A, section 5-101, for whom a guardian with full powers has been appointed, other than a temporary guardian appointed pursuant to Title 18-A, section 5-310-A.
***”
Therefore, you may file for divorce under the ground of nonsupport.A divorce may be granted for one of the following causes:
A. Adultery;
B. Impotence
C. Extreme cruelty;
D. Utter desertion continued for 3 consecutive years prior to the commencement of the action;
E. Gross and confirmed habits of intoxication from the use of liquor or drugs;
F. Nonsupport, when one spouse has sufficient ability to provide for the other spouse and grossly, wantonly or cruelly refuses or neglects to provide suitable maintenance for the complaining spouse;
G. Cruel and abusive treatment;
H. Irreconcilable marital differences; or
I. Repealed. Laws 2005, c. 594, § 2.
J. A judicial determination has been made that one of the parties is an incapacitated person, as defined in Title 18-A, section 5-101, for whom a guardian with full powers has been appointed, other than a temporary guardian appointed pursuant to Title 18-A, section 5-310-A.
***”
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.
