SP0193, LD 578, item 1, An Act To Modify the Divorce Laws Concerning Perpetrators of Domestic Violence

An Act To Modify the Divorce Laws Concerning Perpetrators of Domestic Violence

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 19-A MRSA §951-A, sub-§13 is enacted to read:

13. Domestic violence. The court may not award spousal support to a party who has violated Title 17-A, section 207-A, 209-A, 210-B or 210-C or a similar provision from another jurisdiction if the opposing party was the victim. A violation under this subsection may be proved by providing the court with a certified copy of the conviction from the court in which the matter was adjudicated or, if the violation has been alleged but did not result in a criminal conviction, the court may determine that a violation of Title 17-A, section 207-A, 209-A, 210-B or 210-C or a similar provision from another jurisdiction occurred by a preponderance of the evidence submitted by the opposing party.

Sec. 2. 19-A MRSA §953, sub-§10 is enacted to read:

10. Domestic violence. The court may not award any portion of any retirement benefits of an opposing party to a party who has violated Title 17-A, section 207-A, 209-A, 210-B or 210-C or a similar provision from another jurisdiction if the opposing party was the victim. A violation under this subsection may be proved by providing the court with a certified copy of the conviction from the court in which the matter was adjudicated or, if the violation has been alleged but did not result in a criminal conviction, the court may determine that a violation of Title 17-A, section 207-A, 209-A, 210-B or 210-C or a similar provision from another jurisdiction occurred by a preponderance of the evidence submitted by the opposing party.

Sec. 3. 19-A MRSA §1051, sub-§3 is enacted to read:

3. Domestic violence. This section does not apply to a party who has violated Title 17-A, section 207-A, 209-A, 210-B or 210-C or a similar provision from another jurisdiction, who may not continue to use the opposing party's name if the opposing party was the victim. A violation under this subsection may be proved by providing the court with a certified copy of the conviction from the court in which the matter was adjudicated or, if the violation has been alleged but did not result in a criminal conviction, the court may determine that a violation of Title 17-A, section 207-A, 209-A, 210-B or 210-C or a similar provision from another jurisdiction occurred by a preponderance of the evidence submitted by the opposing party. This subsection does not apply if the names of the parties were identical before the marriage.

SUMMARY

This bill prohibits in a divorce action the awarding of spousal support or retirement benefits to a party if the party has been convicted of or proved by a preponderance of the evidence to have committed domestic violence assault, domestic violence criminal threatening, domestic violence terrorizing or domestic violence stalking and the other party was the victim. The bill also prohibits the party from continuing to use the victim's name unless the names of the parties were identical before the marriage.

SP0193 LD 578	Session - 128th Maine Legislature		LR 1385 Item 1
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