Me. Rev. Stat. » Title 19-A
Maine Revised Statutes

Me. Rev. Stat. tit. 19-A, § 902 (2026)

Grounds; defenses

✓ current as of May 2026
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1.  Grounds.  A divorce may be granted for one of the following causes:  
A. Adultery;   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
B. Impotence;   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
C. Extreme cruelty;   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
D. Utter desertion continued for 3 consecutive years prior to the commencement of the action;   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
E. Gross and confirmed habits of intoxication from the use of liquor or drugs;   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
F. 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 for the complaining spouse;   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
G. Cruel and abusive treatment;   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
H. Irreconcilable marital differences; or   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
I.   [PL 2005, c. 594, §2 (RP).]
J. A court has appointed for one of the parties a guardian with full powers under Title 18-C, section 5-301, other than an emergency guardian appointed pursuant to Title 18-C, section 5-312.   [PL 2017, c. 402, Pt. C, §36 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
[PL 2017, c. 402, Pt. C, §36 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Irreconcilable differences; counseling.  If one party alleges that there are irreconcilable marital differences and the opposing party denies that allegation, the court upon its own motion or upon motion of either party may continue the case and require both parties to receive counseling by a qualified professional counselor to be selected either by agreement of the parties or by the court. The counselor shall give a written report of the counseling to the court and to both parties. The failure or refusal of the party who denies irreconcilable marital differences to submit to counseling without good reason is prima facie evidence that the marital differences are irreconcilable.  
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
3.  Recrimination.  Recrimination is a comparative rather than an absolute defense in a divorce action.  
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
4.  Condonation.  Condonation of the parties is not an absolute defense to any action for divorce but is discretionary with the court.  
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 2005, c. 594, §§2,3 (AMD). PL 2017, c. 402, Pt. C, §36 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
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Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 2002–2026 · leading case: Pennings v. Pennings, 2002 ME 3 (Me. 2002).
Sort: Relevance Newest Treatment
Pennings v. Pennings, 2002 ME 3 (Me. 2002). · cites it 6× “These provisions, as well as the other provisions setting out grounds for divorce, are presently codified in 19-A M.R.S.A. § 902(1), which provides in its entirety: A divorce may be granted for one of the following causes: A.”
Warner v. Warner, 2002 ME 156 (Me. 2002). · cites it 2× “Grounds for Divorce [¶ 11] On Barbara’s complaint and Barry’s counterclaim for divorce, a divorce was granted to Barbara on the *613 ground of adultery, 19-A M.R.S.A. § 902(1)(A) (1998), and to Barry on the ground of irreconcilable marital differences, 19-A M.”
Marie J. (Marchiori) Eremita v. Cristiano A. Marchiori, 2016 ME 160 (Me. 2016). “See 19-A M.R.S. § 902(1)(H) (2015). By judgment dated August 14, 2015, the court (Jordan, J.”
Hutt v. Hanson, 147 A.3d 352 (Me. 2016). “See 19-A M.R.S. § 902(1)(H) (2015). [¶ 7] The court set aside to Hutt the undeveloped Northport parcel as her non-marital property and ordered the parties to sell the remaining five properties, consistent with their agreement at mediation.”
Donald J. Williams v. Linda Williams, 2017 ME 94 (Me. 2017). “See 19-A M.R.S. § 902(1)(H) (2016). Over the next five and a quarter years, in proceedings that wound their way through the District Court and the Business and Consumer Docket, the court issued a series of eight orders or judgments relevant to this appeal.”
Von Schack v. Von Schack, 2006 ME 30 (Me. 2006). “19-A M.R.S. § 902 (2005). If the parties have “[i]rreconcilable marital differences,” for instance, the law of Maine does not require the parties to remain in *1011 the marriage relationship.”
Dewhurst v. Dewhurst, 2010 ME 99 (Me. 2010). · cites it 2× “In January of 2008, Kristen initiated divorce proceedings pursuant to 19-A M.R.S. § 902(1)(H) *24 (2009). 1 After unsuccessful mediation in November of that year, the court (Bren nan.”
Laura A. Millay v. John E. McKay Jr., 2017 ME 39 (Me. 2017). “See 19-A M.R.S. § 902(1)(H) (2016). [¶ 4] After a two-day trial, by judgment dated January 21, 2016, supported by extensive findings, the court ( Jordan, J.”
Webb v. Webb, 2005 ME 91 (Me. 2005). · cites it 2× “In December of 2002, Laurie initiated divorce proceedings pursuant to 19-A M.R.S.A. § 902(1)(H) (1998). 1 At a settlement hearing with the court in July of 2004, the parties reached an agreement as to the provisions of a divorce judgment and read the terms of that agreement into…”
Kristin (Hanson) Hutt v. Todd Hanson, 2016 ME 128 (Me. 2016). “See 19-A M.R.S. § 902(1)(H) (2015). [¶7] The court set aside to Hutt the undeveloped Northport parcel as her nonmarital property and ordered the parties to sell the remaining five properties, consistent with their agreement at mediation.”
Michele H.P. Xamplas v. Peter Xamplas, 2025 ME 92 (Me. 2025). “3, 12, with 19-A M.R.S. §§ 902, 953 (2025). [¶20] This conclusion is bolstered by the language of the Convention and ICARA.”
Est. of John M. Carter v. Ann C. Martin, 2026 ME 34 (Me. 2026). “See 19-A M.R.S. § 902(1)(H) (2025). Martin asserts that because Carter died before the court signed the final judgment of divorce, the court lacked subject matter jurisdiction over the case.”
— Me. Rev. Stat. tit. 19-A, § 902(1) — 1 case
Pennings v. Pennings, 2002 ME 3 (Me. 2002). “These provisions, as well as the other provisions setting out grounds for divorce, are presently codified in 19-A M.R.S.A. § 902(1), which provides in its entirety: A divorce may be granted for one of the following causes: A.”
— Me. Rev. Stat. tit. 19-A, § 902(1)(A) — 1 case
Warner v. Warner, 2002 ME 156 (Me. 2002). “Grounds for Divorce [¶ 11] On Barbara’s complaint and Barry’s counterclaim for divorce, a divorce was granted to Barbara on the *613 ground of adultery, 19-A M.R.S.A. § 902(1)(A) (1998), and to Barry on the ground of irreconcilable marital differences, 19-A M.”
— Me. Rev. Stat. tit. 19-A, § 902(1)(H) — 9 cases
Marie J. (Marchiori) Eremita v. Cristiano A. Marchiori, 2016 ME 160 (Me. 2016). “See 19-A M.R.S. § 902(1)(H) (2015). By judgment dated August 14, 2015, the court (Jordan, J.”
Warner v. Warner, 2002 ME 156 (Me. 2002). “Grounds for Divorce [¶ 11] On Barbara’s complaint and Barry’s counterclaim for divorce, a divorce was granted to Barbara on the *613 ground of adultery, 19-A M.R.S.A. § 902(1)(A) (1998), and to Barry on the ground of irreconcilable marital differences, 19-A M.”
Hutt v. Hanson, 147 A.3d 352 (Me. 2016). “See 19-A M.R.S. § 902(1)(H) (2015). [¶ 7] The court set aside to Hutt the undeveloped Northport parcel as her non-marital property and ordered the parties to sell the remaining five properties, consistent with their agreement at mediation.”
Donald J. Williams v. Linda Williams, 2017 ME 94 (Me. 2017). “See 19-A M.R.S. § 902(1)(H) (2016). Over the next five and a quarter years, in proceedings that wound their way through the District Court and the Business and Consumer Docket, the court issued a series of eight orders or judgments relevant to this appeal.”
Dewhurst v. Dewhurst, 2010 ME 99 (Me. 2010). “In January of 2008, Kristen initiated divorce proceedings pursuant to 19-A M.R.S. § 902(1)(H) *24 (2009). 1 After unsuccessful mediation in November of that year, the court (Bren nan.”
— Me. Rev. Stat. tit. 19-A, § 902(1)(I) — 1 case
Pennings v. Pennings, 2002 ME 3 (Me. 2002). “These provisions, as well as the other provisions setting out grounds for divorce, are presently codified in 19-A M.R.S.A. § 902(1), which provides in its entirety: A divorce may be granted for one of the following causes: A.”
— Me. Rev. Stat. tit. 19-A, § 902(2) — 1 case
Pennings v. Pennings, 2002 ME 3 (Me. 2002). “These provisions, as well as the other provisions setting out grounds for divorce, are presently codified in 19-A M.R.S.A. § 902(1), which provides in its entirety: A divorce may be granted for one of the following causes: A.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.