Divorce questions for state of maine

In Maine, marital property means all property acquired by you and your spouse after you were married regardless of whose name is on the title , with the exception of:. The court will divvy your marital property in a way it finds most fair, taking into account the following factors:. The court may order you and your spouse to attend mediation any time there is an issue in dispute between you. Legal custody and physical custody are two different things.

Physical custody addresses where a child will live and with whom.


Visitation is then negotiated based your physical custody arrangement. In Maine, custody might take several forms. Responsibilities may be divided as a whole or proportionately between you and your spouse. The safety and well-being of your child are primary concerns, taking into account the following factors:. To determine if this is the case, the court will consider. It uses a child support table that reflects the percentage of combined gross income that parents living in the same household in Maine ordinarily spend on their children.

The total basic support obligation is divided between you and your spouse in proportion to your gross incomes. The court assumes that this figure is appropriate. But it will look at these factors in determining whether to deviate from the standard amount:.

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Alimony, or spousal support, is not a given in a divorce case. If you request alimony, the court will take a look at these factors:.

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Alimony may include an award of property, including real estate, and it may required the one paying to maintain life insurance so support continues for the other if he or she dies. Payment does not necessarily end upon the death of the one paying alimony or the one receiving it, depending on the specifics of your case. The person receiving the complaint is required to file a written answer with the court within twenty days.

The answer is little more than acknowledgement that you received the divorce documents and you either agree or disagree with the statements made in the complaint. Often, the person answering the complaint will file a counterclaim, which is essentially just an affirmation that the person filing agrees and also wants a divorce. In cases where there are minor children involved, the divorce will initially be handled by a Family Law Magistrate at the local District Court.

The first meeting with the Family Law Magistrate will be scheduled shortly after the case is filed with the Court. The parties and their attorneys if any will meet with the Family Law Magistrate to try to establish the initial living arrangements for the children and the amount of child support one party will pay the other if any.

Other issues are discussed at this first conference, but not a great deal is accomplished unless the parties have agreements which the Family Law Magistrate can make into enforceable Court orders. For example, the parties might agree about the vehicles each will drive and maintain until further order of the Court. The Family Law Magistrate has the power to decide all issues that need to be addressed immediately before the final divorce judgment is issued but the parties do have the right to request that a Judge make all the decisions in the case.

Normally, however, the Family Law Magistrate will supervise the case as it makes its way through the Court and can grant a final divorce if the parties are in full agreement. A unique feature of Maine divorce law is that if the parties have children under 18 they are required to participate in mediation if they are unable to reach a complete settlement of the case.

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If there are no minor children involved, mediation may still be held if both parties agree to attend or if it is ordered by the Judge. Mediation is informal in the sense that the parties, their attorneys if any , and a mediator meet in private conference rooms, without the customary Court rules regarding evidence and courtroom procedure. While a divorce is the process of exiting a legally valid marriage, an annulment is the process of rendering a marriage null and void.

An annulment makes it legally as if a marriage never took place to begin with. Generally, annulment is used to conclude a marriage that should not have been legally recognized in the first place, such as a marriage where one of the spouses was unable to consent by virtue of being underage, due to mental incapacity, or even intoxication , a marriage that was entered into under duress or via fraudulent means, or when one of the spouses was already legally married.

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The state of Maine requires that spouses suing for divorce to have lived in the state for a minimum of six months prior to filing divorce papers. Otherwise, Maine courts are not considered to have jurisdiction over the divorce case. If the process moves along without holdups, the paperwork for a divorce in Maine can be processed in a minimum of 60 days. However, if the spouses are not in agreement about the divorce process, a contested divorce can take significantly longer. Even if one spouse is opposed to getting a divorce, they cannot stop their partner from filing for and receiving a divorce in Maine.

While filing a non-contested joint petition for divorce speeds up the process, either spouse can file for divorce individually at any time.

Maine Divorce Laws

Maine permits spouses to sue for an at-fault divorce, and in this case their partner can contest the allegations in court. A non-fault petition for divorce, however, can generally not be contested by an unwilling spouse in Maine. Maine has no mandatory waiting period between the finalization of a divorce and either of the ex-spouses getting remarried. Remarriage following a divorce may affect the continued payment of alimony.

Maine Divorce & Separation

According to the most recent CDC study, the yearly divorce rate in Maine is 11 per 1, total population. The national divorce rate is 6. Maine recognizes both same sex marriages and same sex divorces. The process of getting a seme-sex divorce is the same as a heterosexual divorce. Read More. We value your feedback! Do you have a comment or correction concerning this page? Let us know in a single click. We read every comment!

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Contested Divorce Hearings in Maine part 3

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Divorce and Parental Rights Q&A

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