Legal Question in Family Law in Maine

Re: adultry

The short answre is no, the long answer is yes. Maine is a "no fault" state. It is not necessary to prove a specific ground for divorce, such as adultery, abandonment, impotence, etc. Maine recognizes "irreconcilable differences."

However, these antiquated grounds do remain on the books, and one can plead them. Because Maine is a no fault state, wife will not be entitled to any legal advantage with respect to asset or debt division, or to any kind of support, due to the adultery. She can prove the affair happened, if she feels the need, but it will not help her case at all.

However, in real life, she could use that ground to make the divorce very contentious and embarassing for your friend. Although she would have no legal advantage, he may feel pressure to settle the divorce quickly on terms advantageous to her to get it over with.

When I deal with such cases, I usually advise my client to simply admit to the adultery and move on. The Court is not interested in the couples' dirty laundry and I have been able to keep embarassing evidence out at trial.

If you would like to discuss this in more detail, please do not hesitate to contact me.