Divorce may be defined as the legal ending of a marriage. Married couples do not have a legal or a constitutional right to seek a divorce, but states, such as Maine, commonly grant divorces rather than forcing a couple to stay married, which would be against public policy.

"No-fault" and "fault" are the two types of grounds, or justifications, for divorce in the United States. In some states, no-fault is the only acceptable justification for a divorce, even if fault grounds exist within the marriage. Other states, like Maine, allow the parties to select either a no-fault or a fault divorce. Lawyers.com provides a comprehensive overview of the grounds for divorce in the state of Maine.

The United States first adopted the concept of a no-fault divorce in the late 1960's, and nearly all of the states currently allow for some form of it. A no-fault divorce is one in which the parties do not legally fault, or blame, one another for the divorce. Some examples of the bases for a no-fault divorce include “irreconcilable differences,” “irretrievable breakdown,” or “incompatibility.” In Maine, the grounds for a no-fault divorce are irreconcilable differences.

Many states require a "cooling-off" period of separation for a certain period of time before no-fault divorce proceedings can begin. During this time, the couple is required to live separate and apart with the intent that the separation will become permanent. The duration of the cooling-off period varies according to state law.  In Maine, the court may elect to make the divorce final immediately, or it may be subject to an appeal period.

Some states also allow fault grounds for divorce. Common fault grounds include cruelty, desertion, adultery, prison confinement, habitual intemperance (drunkenness or drug addiction), and impotency. In Maine, the grounds for a fault divorce include adultery; impotence; extreme cruelty; complete desertion for at least three years; habitual drug or alcohol use; 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; cruel or abusive behavior; and mental illness requiring confinement in a mental institution for at least seven consecutive years prior to filing for divorce.

There are several “defenses,” or denials, that are sometimes used regarding divorces, including the following: collusion, connivance, condonation, and provocation. In Maine, if one spouse alleges irreconcilable differences and the other spouse denies that allegation, the court may continue the case and order that the parties receive marital counseling. If the party who denies that irreconcilable differences are present refuses counseling, then the court will consider no-fault grounds for divorce to have been proven.

Recrimination, or wrongdoing on the part of both of the parties, is considered on a comparative rather than an absolute basis in Maine. When a party condoned a certain spousal behavior during the marriage and then attempts to use that behavior as fault grounds for divorce, this is referred to as condonation.  In Maine, condonation is not an absolute defense against divorce. Rather it is left up to the discretion of the court.

The specific grounds required for divorce vary widely across the United States. The American Bar Association offers a variety of information regarding divorce requirements state by state on their Section of Family Law website. A chart comparing all 50 states, including Maine, can be found at abanet.org.

*An example of a Maine Divorce Settlement Agreement can be seen on Free Legal Aid.