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Is a divorce filed in Washington valid for Maine residents?

Is a divorce filed in Washington valid for Maine residents?

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: 04/07/2025
State: Maine

Answer:

In Maine, if residents go out of state to obtain a divorce for reasons that occurred while living in Maine, or if the grounds for divorce are not recognized in Maine, that divorce will be considered void. However, if the divorce is granted in accordance with the laws of the state where it was filed, and the court had jurisdiction over both parties, it will be valid in Maine. This is outlined in 19-A M.R.S. § 907. Therefore, your divorce obtained in Washington will not be valid in Maine.

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

What are my rights if my husband wants a divorce?

If your husband wants a divorce, you have the right to respond to the divorce petition and present your case in court. You can seek legal representation to protect your interests, especially regarding property division, child custody, and support. Maine law allows you to contest the divorce or negotiate terms. It’s important to understand your rights and options, so consulting with an attorney can be beneficial.

Can you get a divorce without the other person signing in Maine?

Yes, you can obtain a divorce in Maine without your spouse's signature. If your spouse does not respond to the divorce petition, you may proceed with an uncontested divorce. However, the court will still require proper notice to your spouse. If they do not appear, you can request a default judgment. It's advisable to consult with an attorney to ensure all legal requirements are met.

How to accept divorce when you don't want it?

Accepting a divorce when you don't want it can be emotionally challenging. It's important to understand that you can express your feelings to your spouse and seek counseling. However, if they are determined to proceed, you must respond legally to protect your interests. You can negotiate terms regarding assets and custody. Consulting with an attorney can help you navigate this process.

Can I divorce my spouse without their signature?

Yes, you can file for divorce in Maine without your spouse's signature. If your spouse does not respond to the divorce petition, you can request a default judgment. The court will need to ensure they were properly notified of the proceedings. It's advisable to seek legal guidance to ensure compliance with all legal requirements.

What happens if one party doesn't show up for divorce court?

If one party does not show up for divorce court in Maine, the court may proceed with the hearing without them. If the absent party was properly notified, the court can issue a default judgment in favor of the present party. This means the court may grant the divorce and decide on issues like property division and child custody without the absent party's input. It's essential to understand your rights and options in such situations.

Does it matter what state you file for divorce in?

Yes, the state where you file for divorce matters because each state has its own laws governing divorce. In Maine, for example, certain grounds for divorce must be recognized by the state. Additionally, residency requirements must be met. Filing in a state that aligns with your circumstances can impact the validity of the divorce and the outcomes regarding property and custody. Consulting with an attorney can help you choose the right jurisdiction.