Legal Question in Family Law in Maine

Re: My Rights

You raise many legal issues. I would need to talk to you to get the complete factual background before I could give you any meaningful advice. However, I can provide you with some general legal information.

Maine is a "no-fault" state; that is, one does not have to prove fault to obtain a divorce. The overwhelming majority of divorces are granted on the grounds of irreconcilable differences. Therefore, if you left the home, "abandonment," as a grounds for divorce, would not apply.

Maine has a fairly strong Protection from Abuse statute. If you can demonstrate that your husband is, in fact, abusing you, you will probably be able to obtain a protective order that would prevent him from having direct contact and could obtain temporary exclusive use and possession of the home until you are able to sort things out.

If you retain primary residence of the minor children (more than 50%), you will be entitled to child support. In Maine, child support is determined by a statutory chart that takes into account the combined gross income of the parents, the children's ages and other costs associated with the children. Although you presently have no income, unless you are 100% disabled you could work. Therefore, a court would probably impute a certain income to you, at least minimum wage.

The issue of your husband's child is a sticky one. From your question, it isn't clear whether or not the child's biological mother is involved. Presumptively, you have no legal rights to that child.

I hope this information is helpful.