Full question:
My husband and I are residents of Maine. We filed for a divorce in Washington because the ground for divorce we were seeking for was not authorized in Maine. We would like to know if our divorce will be valid in Maine?
- Category: Divorce
- Date:
- State: Maine
Answer:
In Maine, when the residents go out of the state for the purpose of obtaining divorce for the causes that occurred while they lived in Maine or when the divorce is not authorized in Maine a divorce thus obtained shall be void in the state. In all other cases, a divorce that is decreed out of the state according to the law of the place, by the court having jurisdiction of the cause and of both parties, shall be considered valid in Maine.This is stated in 19-A M.R.S. §907. It reads:
“When residents of the State go out of the State for the purpose of obtaining a divorce for causes that occurred here while the parties lived here or that do not authorize a divorce here, and a divorce is thus obtained, the divorce is void in this State. In all other cases, a divorce decreed out of the State according to the law of the place, by a court having jurisdiction of the cause and of both parties, is valid here.
The validity of a custody determination contained in or ancillary to a valid divorce decree granted by another state is governed by the Uniform Child Custody Jurisdiction and Enforcement Act.”
Therefore, your divorce will not be valid.The validity of a custody determination contained in or ancillary to a valid divorce decree granted by another state is governed by the Uniform Child Custody Jurisdiction and Enforcement Act.”
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.
