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Maine Revised Statutes

Me. Rev. Stat. tit. 19-A, § 904 (2026)

Orders pending divorce

✓ current as of May 2026

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In accordance with section 251, subsection 2, pending a divorce action, the court may: [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

1. Attorney's fees.

[PL 2005, c. 323, §5 (RP).]

2. Support. Make reasonable provision for either spouse's separate support;

[PL 2005, c. 323, §6 (AMD).]

3. Minor children. Enter an order for the parental rights and responsibilities with respect to the minor children of the parties in accordance with chapter 55;

[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

4. Enforcement. Enforce obedience by appropriate processes;

[PL 2005, c. 323, §6 (AMD).]

5. Determine possession. Determine the possession of owned or rented real and personal property pending the final divorce decree; or

[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

6. Free from restraint. On motion of either spouse, prohibit a spouse from imposing restraint on the moving spouse's personal liberty. This subsection does not preclude the court from incarcerating either spouse for nonpayment of child support, spousal support or attorney's fees in violation of a court order to do so.

[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. 323, §§5,6 (AMD).

Notes of Decisions

Cited in 6 cases, 1999–2009 · leading case: Clum v. Graves, 1999 ME 77 (Me. 1999).

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Clum v. Graves, 1999 ME 77 (Me. 1999). “§ 693 (1995) (now 19-A M.R.S.A. § 904(1) (1998)). 4 [¶ 6] During the second hearing, Clum again testified that no contributions were made to the First Nationwide CD after the marriage and no amounts were withdrawn from the First Nationwide CD until Clum purchased the Cape…”

State v. One Blue Corvette, 1999 ME 98 (Me. 1999). “Examples of such possessory rights would include the court ordered right of a spouse to possess a vehicle owned solely by the other spouse during the pendency of a divorce proceeding, see 19-A M.”

Britton v. Britton, 223 F. Supp. 2d 276 (D. Me. 2002). “19-A M.R.S.A. § 904(5) (1998). The Court’s protective order, however, was not issued pending a final decree and does not assert in rem jurisdiction.”

Ouellet Assocs., Inc. v. Coastal Realty Grp., LLC, 2009 ME 114 (Me. 2009). “The District Court also has the authority to determine the possession of the Ouellets’ marital property pending a final decree under 19-A M.R.S. § 904(5) (2008). It may also consider any alleged misuse of the property or other financial misconduct when it determines a just…”

Coppersmith v. Coppersmith (Me. Super. Ct 2001). “19-A M.RS.A. § 904(1) (1998). The scope of this statute encompasses attorney's fees for defense against appeal.”

Liberty v. Bennett (Me. Super. Ct 2007). “Liberty could have, but did not, obtain this title through a court order issued pursuant to 19-A M.R.S.A. § 904(5).Consequently, as a matter of law, the plaintiff cannot sue for violation of h s possessory rights.”

— Me. Rev. Stat. tit. 19-A, § 904(1) — 2 cases

Clum v. Graves, 1999 ME 77 (Me. 1999). “§ 693 (1995) (now 19-A M.R.S.A. § 904(1) (1998)). 4 [¶ 6] During the second hearing, Clum again testified that no contributions were made to the First Nationwide CD after the marriage and no amounts were withdrawn from the First Nationwide CD until Clum purchased the Cape…”

Coppersmith v. Coppersmith (Me. Super. Ct 2001). “19-A M.RS.A. § 904(1) (1998). The scope of this statute encompasses attorney's fees for defense against appeal.”

— Me. Rev. Stat. tit. 19-A, § 904(5) — 4 cases

State v. One Blue Corvette, 1999 ME 98 (Me. 1999). “Examples of such possessory rights would include the court ordered right of a spouse to possess a vehicle owned solely by the other spouse during the pendency of a divorce proceeding, see 19-A M.”

Britton v. Britton, 223 F. Supp. 2d 276 (D. Me. 2002). “19-A M.R.S.A. § 904(5) (1998). The Court’s protective order, however, was not issued pending a final decree and does not assert in rem jurisdiction.”

Ouellet Assocs., Inc. v. Coastal Realty Grp., LLC, 2009 ME 114 (Me. 2009). “The District Court also has the authority to determine the possession of the Ouellets’ marital property pending a final decree under 19-A M.R.S. § 904(5) (2008). It may also consider any alleged misuse of the property or other financial misconduct when it determines a just…”

Liberty v. Bennett (Me. Super. Ct 2007). “Liberty could have, but did not, obtain this title through a court order issued pursuant to 19-A M.R.S.A. § 904(5).Consequently, as a matter of law, the plaintiff cannot sue for violation of h s possessory rights.”

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