An Act to Correct Deficiencies in the Divorce Laws
Maine Legislature, Session 122, LD 1812
Committee Amendment CA_A_H869 (House)
Committee: Judiciary
Amends: 19-A MRSA §901, 19-A MRSA §902, 19-A MRSA §951-A

COMMITTEE AMENDMENT "~,, to H.P. 1252, L.D. 1812, Bill, "An 
Act To Correct Deficiencies in the Divorce Laws" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 19-A MRSA §901, sub-§2, as enacted by PL 1995, c. 
694, Pt. B, §2 and affected by Pt. E, §2, is amended to read: 
2. 
Guardian ad litem. 
If the alleged cause is 
ffieB~al 
illBess that one of the parties is an incapacitated person, as 
provided in section 902, subsection 1, paragraph 
~ ~, the court 
shall appoint a guardian ad litem to represent the interests of 
the ee~eBeaB~ incapacitated person. 
Sec. 2. 19-A MRSA §902, sub-§I, 1JI, as enacted by PL 1995, c. 
694, Pt. B, §2 and affected by Pt. E, §2, is repealed. 
Sec.3. 19-A MRSA §902, sub-§l"J is enacted to read: 
J. 
A judicial determination has been made that one of the 
parties is an incapacitated person, 
as defined in Title 
18-A, section 5-101, for whom a guardian with full powers 
has 
been 
appointed, 
other 
than 
a 
temporary 
guardian 
appointed pursuant to Title 18-A, section 5-310-A. 
Sec.4. 19-A MRSA §951-A, sub-§ll is enacted to read: 
11. 
Support while pending. 
The trial court may 
make, 
modify or enforce an award of spousal support under this section 
while an action is pending, including while on appeal.' 
COMMITTEE AMENDMENT 
~~. 
\\:G 
COMMITTEE AMENDMENT .. n 
. to H.P. 1252, L.D. 1812 
SUMMARY 
This amendment is the majority report of the Joint Standing 
Committee on Judiciary. 
This amendment replaces the bill. 
This amendment adds as a ground for divorce that a judicial 
determination has 
been made 
that one 
of the parties is 
an 
incapacitated person, as defined in the Probate Code, for whom a 
guardian with full powers, not a temporary guardian, has been 
appointed. 
This amendment provides that the court hearing the 
divorce must appoint a guardian ad litem for the incapacitated 
person. 
This 
amendment 
repeals 
the ground 
mental illness requiring confinement for 
years. 
for divorce based on 
at least 7 consecutive 
This 
amendment 
revises 
the bill's 
provision 
concerning 
spousal support while a divorce action is pending to specify that 
it is the trial court that may issue such an order while the 
action is pending, including on appeal, and also that the trial 
court may modify and enforce such orders while the action is 
pending. 
The trial court will already have knowledge of the 
parties and the issues and will be able to quickly rule on 
whether support is appropriate during the pendency of an appeal 
or 
whether 
an 
existing 
order 
should 
be 
modified 
or 
needs 
enforcement. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/27 106 ~ae. 
LD 1812 
LR 2903(02) 
An Act to Correct Deficiencies in the Divorce Laws 
Fiscal Note for Bill as Amended by Committee Amendment "4" 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR2903(2) - Fiscal Note - Page 1 of 1