Maine Appellate Cases - Divorce Case in Maine - Opinions of the Maine Supreme Judicial Court - ME

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Maine Appellate Cases

On this page we are compiling links to the full text of important Maine Appellate Cases on Family Law and Divorce decided by the Maine Supreme Judicial Court and the Maine Appeal Court.

These cases are for educational purpose only and should not be used for any official or legal purpose. The opinions of the Maine Supreme Judicial Court are public documents subject to revision and correction. Please consult official reports. Official Web Site of the State of Maine

Find a Case by Category

Division of Property / Marital Property - Spousal Support / Attorney fees - Child Custody / Parenting - Child Support - Abuse Prevention / Domestic Violence / Protective Orders - Visitation - Prenuptial / Antenuptial agreement - College Education & Divorce - Alimony - Jurisdiction - Religious Practices and Children of Divorce - Complaint of Divorce / Divorce Judgment / Discovery

Alphabetical Index of Maine Appellate Cases

A - B - C - D - E - F - G - H - I - J - K - L - M - N - O - P - Q - R - S - T - U - V - W - X - Y - Z

Division of Property Cases - Marital Property

• Alley v. Alley - 2002 ME 162 Roxanne Alley appeals from the divorce judgment entered in the Superior Court (Kennebec County, Worth, J.) dividing the Alleys' property. Roxanne has challenged the court's factual findings, arguing that the judge misunderstood the evidence or believed a party who should not have been believed.
• Alley v. Alley - 2004 ME 8 Ken-03-264 Roxanne Alley appeals from judgments entered in the District Court (Augusta, Worth, J. ) denying her motions for relief from judgment pursuant to M.R. Civ. P. 60(b) and for enlargement of time to file a notice of appeal from the denial of Rule 60(b) relief.
• Black v. Black - 2004 ME 21 Yor-02-641 David Black and Lorraine Black were divorced in 1993 by a divorce judgment of the District Court (York, Gaulin, J.) that provided, among other things, that each would receive one-half of David's military retirement pay as a division of marital property. In 2000, David converted his military retirement pay to disability pay, resulting in the termination of Lorraine's receipt of her one-half share of the military retirement pay. Lorraine filed postjudgment motions to enforce and for relief from the divorce judgment. The District Court (Kennedy, J.) denied both motions, concluding that it was without authority to enforce the judgment because of prohibitions on the postjudgment modification of property distributions and waivers of spousal support, and that it was barred from granting relief from the judgment by the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. § 1408(a)(4)(B), (c)(1) (2000).
• Bonville v. Bonville - 2006 ME 3 Yor-05-322 Lara M. Bonville appeals from a judgment entered in the District Court (Biddeford, Janelle, J.) granting a divorce to herself and Jere Bonville and allocating marital property and debt.
• Bradbury v. Bradbury - 2006 ME 26 Pen-05-64 Patricia K. Bradbury appeals from a divorce judgment entered in the District Court (Lincoln, Stitham, J.) following a hearing. She contends, among other things, that the court erred in failing to consider John C. Bradbury's Social Security benefits in the division of marital property.
• Bradshaw v. Bradshaw - 2005 ME 14 Aro-04-66 Christopher Bradshaw appeals from a divorce judgment entered in the District Court (Houlton, O'Mara, J.). Christopher contends (1) that the divorce judgment, entered in December 2003, was affected by previous actions of the court (Griffiths, J.), taken in a September 2003 hearing; (2) that the court acted beyond its discretion in September when it allowed his attorney to withdraw from representing him shortly before a scheduled contempt hearing, and when the court took no action to continue the contempt hearing following the withdrawal; and (3) that the divorce judgment, entered following a hearing conducted several months after the contempt proceedings, reflected an improper determination of both spousal support and the distribution of property.
• Carter v. Carter - 2006 ME 68 Han-05-355 Kim Carter appeals from a divorce judgment entered by the District Court (Ellsworth, R. Murray, J.). She argues that the court erred in finding the value of the parties' camp and abused its discretion in dividing the marital property and debt, determining spousal support, and denying her request for attorney fees.
• Depot v. Depot - 2006 ME 25 And-04-514 David Depot appeals from a divorce judgment entered in the District Court (Lewiston, Lawrence, J.) contending that the court erred when it awarded Carol Depot marital property to offset a portion of an accountant's estimate of the present value of David's expected Social Security benefits.
• Grenier v. Grenier - 2006 ME 99 And-05-526 Lisa A. Grenier appeals from a divorce judgment entered in the District Court (Lewiston, Cote, J.), contending that the court erred in failing to carry out an oral agreement she had with her husband, Gary P. Grenier, concerning the distribution of their marital assets and debts; and the court exceeded the bounds of its discretion in its distribution of marital property and its order concerning their two minor children.
• Jed-Harbage v. Harbage - 2003 ME 74 Oxf-02-527 Peter Harbage appeals from an order entered in the Superior Court (Oxford County, Cole, J.) rejecting the portion of a referee's report that addressed the postdivorce distribution of Erica Jed-Harbage's share of his 401(k) plan pursuant to a Qualified Domestic Relations Order (QDRO).
• Shaw v. Shaw - 2003 ME 153 Aro-03-295 Phyllis M. Shaw appeals from a divorce judgment entered in the District Court (Caribou, Daigle, J.). She contends that the court abused its discretion by (1) ordering a distribution of the marital residence and mortgage debt that was contrary to the parties' agreement, without affording the parties an opportunity for an evidentiary hearing on the issue; and (2) relying on its distribution of the marital residence as justification for denying Phyllis's claim for spousal support.
• Spooner v. Spooner - 2004 ME 69 Stephen A. Spooner appeals from the divorce judgment entered in the District Court (Lewiston, Daigle, J.), which determined that an investment account containing shares of stock was the nonmarital property of Deborah L. Spooner.
• Warren v. Warren - 2005 ME 9 Claude Warren appeals from a divorce judgment entered in the District Court (Portland, Horton, J.), adopting the report of a referee. Claude contends that the court erred by (1) including in the marital estate the increase in value of stock acquired by Claude before the marriage, based on a finding that the increase resulted from marital labor pursuant to 19-A M.R.S.A. § 953(2)(E)(2)(b) (Supp. 2004); (2) failing to award Claude reimbursement support even though the divorce occurred shortly after Jenny Warren received her MBA; and (3) distributing the marital property approximately equally.

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Spousal Support / Attorney Fees

• Dubay v. Dubay - 2002 ME 100 Som-01-456 Wayne Dubay appeals from a judgment of divorce entered in the District Court (Skowhegan, Clapp, J.) awarding Anne Dubay spousal support and attorney fees.
• Hildings v. Hildings - 2002 ME 107 Lin-02-6 Richard H. Hildings appeals from a judgment entered in the Superior Court (Lincoln County, Atwood, J.) affirming the District Court's (Wiscasset, Field, J.) divorce judgment awarding Beth Carol Hanna spousal support.
• Holt v. (Holt) Watson - 2005 ME 33 Yor-04-352 Jonathan Holt appeals from a judgment entered in the District Court (Biddeford, Janelle, J.), which granted Jonathan and Jennifer (Holt) Watson a divorce, and awarded Jennifer spousal support of $50,000 to be paid by Jonathan in three installments over a period of three years.
• Lewis v. Lewis - 2003 ME 26 Yor-02-570 Matthew Lewis appeals from a judgment entered in the District Court (York, Wheeler, J.) awarding $6000 in attorney fees to Sarah Lewis. The court found Matthew in contempt for failing or refusing to abide by the spousal support and transfer of property provisions of the parties' divorce judgment. Matthew does not challenge the finding of contempt, but he appeals the award of attorney fees.
• Macomber v. Macomber - 2003 ME 1 Han-01-651 Roxanne Macomber appeals from a divorce judgment entered in the District Court (Ellsworth, Staples, J.), contending that the court erred in determining Steven Macomber's income and abused its discretion in its award of general and transitional support.
• Miele v. Miele - 2003 ME 113 Oxf-03-21 Norman E. Miele appeals from a divorce judgment, entered in the District Court (Rumford, McElwee, J.). Norman contends that the court abused its discretion by (1) awarding general spousal support to his former wife, Janice E. Miele, and (2) ordering him to pay a portion of Janice's attorney fees. We are not persuaded by Norman's contentions and affirm the judgment.
• Murphy v. Murphy - 2003 ME 17 Pen-02-342 Michael J. Murphy appeals and Stephanie Murphy cross-appeals from a divorce judgment entered in the District Court (Bangor, Russell, J.). Michael contends that the trial court erred in awarding transitional spousal support to cover Stephanie's dental and medical expenses. Michael also challenges the amount of the spousal support. Stephanie contends that the trial court erred in its determination and valuation of marital property, its division of marital property, and its failure to order Michael to pay her legal fees.
• Patterson v. Patterson - 2004 ME 30 Lin-03-553 Robert Patterson appeals from a judgment of the District Court (Wiscasset, Westcott, J.) requiring him to pay $1157.77 in overdue child support to his former spouse, Irene Patterson.
• Payne v. Payne - 2006 ME 73 Sag-05-423 Charles Payne appeals from the divorce judgment entered in the District Court (West Bath, Field, J.), challenging the court's award of spousal support, child support, and attorney fees to Maili Payne.
• Raisen v. Raisen - 2006 ME 49 Cum-05-211 Irene E. Raisen appeals from a divorce judgment issued in the District Court (Portland, Horton, J.) on Jay D. Raisen's complaint for divorce. Irene contends that the court erred in limiting her spousal support to a period of five years.
• Urquhart v. Urquhart - 2004 ME 103 Douglas M. Urquhart appeals from a judgment entered in the District Court (Rockland, Worth, J.) granting Douglas and Freida Urquhart a divorce. Douglas asserts that the court erred by failing to comply with the statutory requirements in ordering Douglas to pay spousal support to Freida and that the court exceeded the bounds of its discretion by granting Freida's request for attorney fees.

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Child Custody Cases / Parenting Cases

• C.E.W. v. D.E.W - 2004 ME 43 Cum-02-534 D.E.W. appeals from a summary judgment entered in the Superior Court (Cumberland County, Bradford, A.R.J.) determining that C.E.W., as a de facto parent of D.E.W.'s minor son, is entitled to be considered for an award of parental rights and responsibilities.
• Corey et al. v. Corey - 2002 ME 132 Aro-02-20 Todd and Kelly Corey appeal from a judgment entered in Superior Court (Aroostook County, Warren, J.) approving a settlement between Ray and Sheila Corey, Todd's parents, and the guardian ad litem for Darrian Corey, Todd and Kelly's minor daughter.
• (Leask) Thorne v. Leask - 2004 ME 145 Cum-04-134 Richard S. Leask appeals from a modified divorce judgment entered by the Case Management Officer (Portland, Klaila, CMO) in the District Court. Leask contends that the CMO erred by adding a provision to the parties' stipulated judgment that required the parents to participate in a high conflict co-parenting education course, without first obtaining the parties' consent or conducting a hearing.
• Marin v. Marin 2002 ME 88 Yor-01-476 Michael Marin appeals from the District Court's (Springvale, Sheldon, J.) denial of his motion to amend his divorce judgment to determine his parental rights and responsibilities with regard to his eldest son. Michael contends that the court erred in failing to exercise its jurisdiction.
• Sargent v. Braun - 2006 ME 96 Han-05-559 Alec H. Sargent appeals from a judgment of the District Court (Ellsworth, Brodrick, A.R.J.) denying his motion to modify an order of parental rights and responsibilities previously entered by the court (A. Murray, J.).
• Young v. Young - 2004 ME 44 Jeffrey H. Young appeals from a judgment entered in the District Court (Bar Harbor, Staples, J.) holding that the court lacked the authority to enter orders pertaining to Serena, a minor child, in the divorce proceeding between Serena's mother Danyelle, and stepfather, Jeffrey.

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Child Support Cases

• Austin v. Austin - 2002 ME 152 And-02-74 Valerie Austin appeals from the judgment of the Superior Court (Androscoggin County, Gorman, J.) denying her post-divorce motion for contempt and finding that Stephen Austin is not required to pay the school tuition for the parties' two minor children.
• Bartlett v. Anderson - 2005 ME 10 Cum-04-348 Timothy J. Anderson appeals the judgment of the District Court (Portland, Eggert, J.) addressing Marguerite M. Bartlett's motion for post-divorce relief regarding change of child support obligations, parental visitation, repayment of arrearages, and attorney fees.
• (Erickson) Koszegi v. Erickson - 2004 ME 113 Aro-03-756 Donald A. Erickson Jr. appeals from post-judgment orders entered by the District Court (Caribou, Griffiths, A.R.J.), which (1) modified primary residence of a minor child from Donald Erickson to the mother, Barbara (Erickson) Koszegi; (2) altered the parties' child support obligations; (3) ordered Koszegi to pay back child support and Erickson to pay back spousal support; and (4) denied each party's motion for contempt.
• Jabar v. Jabar - 2006 ME 74 Cum-05-516 James A. Jabar appeals from a judgment entered in the District Court (Portland, Powers, J.) that denied his post-divorce motion to modify child support for his three children. The father argues that the court erred in finding that he does not provide "substantially equal care" for the children, 19-A M.R.S. § 2001(8-A) (2005), and in finding that there had been no substantial change in circumstances warranting modification of child support.
• Jarvis v. Jarvis - 2003 ME 53 Aro-02-592 Robert Jarvis appeals from an order of the District Court (Presque Isle, Griffiths, J.) modifying the original divorce judgment. He argues that the District Court erred in: (1) finding that there had been a substantial change in circumstances justifying modification; (2) ordering contact between him and his older daughter when she is distressed by and refuses the contact; (3) ordering him to pay support that exceeded 60% of his disposable income without addressing his subsistence needs; (4) requiring him to provide health insurance for his two daughters; and (5) ordering him to reimburse Tamara Jarvis for her legal fees.
• Lawrence v. Webber - 2006 ME 36 Cum-05-187 Darren D. Webber appeals from a judgment entered in the District Court (Portland, Eggert, J.) adopting the order of the family law magistrate ordering that Webber pay child support to Donna P. Lawrence.
• Lowd v. Dimoulas - 2005 ME 19 Pen-04-299 Antonios Dimoulas appeals from a judgment of divorce and child support entered in the District Court (Bangor, Russell, J.) contending that the court erred in (1) deviating from a partial property distribution agreement; (2) granting primary residence for the parties' children to Claudia Lowd; (3) calculating the parties' income for child support; and (4) deviating from a visitation agreement.
• Sylvester v. Vitagliano - 2002 ME 141 Russell Sylvester appeals from the judgment of the District Court (York, Wheeler, J.) adopting the child support order of the Case Management Officer (CMO) (Stavros) that Sylvester's former wife, Evelyn Vitagliano, pay to him twenty dollars per week in support of their twin sons.
• Twomey v. Twomey - 2005 ME 124 David Twomey appeals from a judgment entered in the District Court (Portland, Powers, J.), adopting the decision of the Case Management Officer (Klaila, CMO), denying his motion to modify his child support obligation.
• Walker v. Walker - 2005 ME 21 Karen Walker appeals from a judgment entered in the District Court (Biddeford, Janelle, J.) modifying her ex-husband's child support obligation, in which the court concluded that Joseph Walker's one-time severance payment from his former employer does not fall within the statutory definition of "gross income" contained in 19-A M.R.S.A. § 2001(5)(A) (Supp. 2004).
• Williams v. St. Pierre - 2006 ME 10 Steven L. Williams and Julie M. St. Pierre are the parents of an almost two-year-old daughter. Williams appeals from a judgment entered in the District Court (West Bath, Field, J. ) establishing the parties' parental rights and responsibilities and ordering the payment of child support.
• Wrenn v. Lewis - 2003 ME 29 David Lewis appeals from the judgment entered in the District Court (Augusta, Worth, J.) finding him in contempt for his failure to pay spousal support, granting his motion to reduce child support in part, and denying his motion to eliminate spousal support. David's primary assertions are the court erred when it (1) found that he remained voluntarily unemployed following the loss of his job, and (2) imputed an income of $50,000 per year to him based upon job opportunities that would have required him to move to another region of the country or to Mexico. We discern no error in the court's finding that David was voluntarily unemployed, but conclude that the court erred in its determination of David's earning capacity.

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Visitation Cases

• Conlogue v. Conlogue - 2006 ME 12 No. Aro-05-49 Grandparent visitation statute that conferred automatic standing to grandparents so they may visitation when a parent has died was subject to strict scrutiny. Under the strict scrutiny test, the statute violated the mother's fundamental due process right to make decisions regarding the care, custody and control of child as applied.

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Prenuptial / Antenuptial Agreement cases

Alimony Cases

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Jurisdiction Cases

• Von Schack v. Von Schack - 2006 ME 30 Mary Mulhearn Von Schack appeals from a divorce judgment entered in the District Court (West Bath, Field, J.). She raises a single question: When considering a complaint for divorce in which only the plaintiff is a Maine resident, does the Due Process Clause of the United States Constitution, U.S. Const. amend. XIV, § 1, require a Maine court to have personal jurisdiction over the defendant in order to render a divorce judgment that dissolves the parties' marriage without determining the collateral issues of property division, parental rights, or support?