Divorce papers in Maine — filing for divorce in AL

Online divorce in Maine

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How to get divorce in Maine

The information below will help the interested person understands more about the divorce in Maine.

The common steps of how to get divorce in Maine:

1

The marriage should be legal.

2

If the interested person want to file divorce form documents in the state of Maine, he or she must match at least one of them.

3

The interested person must identify the reason on the basis of which he or she seeks a divorce: no-fault or fault basis.

4

If there are underage children in the marriage, the interested person and his or her spouse must decide how custody should be divided. This also applies to the division of common property, the award of financial support to a minor child or alimony, as well as any other controversial issues that may arise during the divorce.

5

The next step and is the filling of the Maine divorce papers.

6

Once the interested person files a divorce suit, he or she need to notify his or her spouse about the beginning of the divorce in Maine, in other words, to serve a spouse. After that, according to the law, there is a waiting period of 60 days after which the court will begin proceedings for the divorce.

Residency:

If the interested person decide that he or she want to get a divorce in Maine, then one of the following conditions for accommodation should be fulfilled:

  • The spouse who submits the application (plaintiff) must reside on the territory of the state within 6 months before the filing of the claim in court;
  • The spouse who submits the application is a resident of the state and the marriage was concluded in the state of Maine;
  • The spouse who submits the application is a resident of the state and the grounds for divorce have occurred on the territory of the state;
  • A spouse who does not file for divorce (defendant) is a resident of the state;
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Valid grounds to get divorce in Maine

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Maine is a no-fault state, which means that the interested person can file for divorce on the basis of the fact that between the spouses there are irreconcilable differences that have led to the separation of marital relations and there is no chance to restore everything.
For fault grounds, the following can be attributed
:

#1

Adultery of the spouse;

#2

Extremely cruel behavior of the spouse;

#3

Impotence;

#4

Prolonged addiction to alcohol or drugs;

#5

Voluntary desertion of the spouse for a period of more than 3 years;

#6

During the marriage, the spouse committed any crime for which he or she was convicted by the court and punished;

#7

Wilful neglect - the refusal of the husband to provide the wife with basic needs during marriage, provided that he has the capacity to provide for a long period of time;

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Annulment of the marriage in Maine

In Maine, there is a separate type of marriage termination - an annulment. If the interested person decide to end the marriage by revocation, he or she must have a good reason for this, so one of the following requirements must be met:

  • Spouses are close relatives of each other;
  • At the time of marriage, one of the spouses was a minor;
  • One of the spouses suffers from a severe form of psychiatric illness;
  • One of the spouses fraudulently forced the second to marry;
  • One of the spouses is impotent;

In order to cancel the marriage, the interested person must file a corresponding petition called "Complaint for Annulment" in the county where the spouses lived at least 60 days before the filing.

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Custody of the child in Maine

Custody of the child

Any decision of the court regarding guardianship shall be made in accordance with the best interests of the child. The parent has a certain responsibility for creating comfortable conditions for growing up and raising a child. Thus, the parent who received the custody is responsible for:

  • The residence of the child;
  • Contact the child with both parents;
  • The education and medical care of the child;
  • Child rearing;

Responsibility between parents can be divided evenly or exclusively. Even distribution of responsibilities means that parents have equal rights in making decisions about the child's growing up. Exclusive responsibility implies that only one parent has the right to make important decisions in the life of the child, the second parent either has no rights at all, or his or her rights are limited.

When the court decides how exactly it is necessary to distribute guardianship, there is a lot of factor in the family life that should be analyzed. These include:

  • Age of the child;
  • Relationships that have developed between the child and each parent;
  • The level of family well-being in marriage;
  • The ability of parents to resolve conflict situations when deciding on the child's growing up;
  • The living conditions that each parent can provide for the child;
  • Facts of domestic violence that took place in the family;
  • The desire of the child to stay with any of the parents;
  • Any other factors that the court deems important to make a decision;

Rules for child support in Maine

The court obliges parents to provide financial support to their minor children who were born in marriage. Support is calculated on the basis of the formula of the Income Shares Model, the main parameters of which are the incomes of each parent, as well as the needs of the child.

The majority of divorcing couples do not have problems with this, but there are also parents who are deliberately trying to hide their income in order to pay less to support the child. However, this works poorly, since the judges of the family law are well aware of all the tricks and know how to behave in such situations. Thus, state legislation has all the prerequisites for calculating the correct amount of child support, which is calculated in such a way as to satisfy the basic needs of the child, without taking away most of the parent’s income.

Uncontested Maine divorce with children
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Rules for spousal support in Maine

Rules for spousal support

The decision on alimony will be made by the court after analyzing a number of factors that have developed in the family, as well as after the court has ascertained that the requesting spouse really needs financial support.

The laws of Maine establish the following types of alimony:

Transitional support - short-term payments, which are aimed at covering the transitional needs of the spouse after the divorce. For example, if he or she changes his place of residence or that he or she can return to the usual way of life (emotional and physical rehabilitation services, psychologist, etc.).

Reimbursement support - payments aimed at achieving equality when dividing financial resources during a divorce.

Interim support - short-term payments aimed at covering expenses in the process of divorce.

Alimony can not be awarded if the marriage lasted less than 10 years, but if the marriage lasted more than 10 years, support will be paid for a term that is half the duration of the marriage. For example, if the marriage lasted 12 years, then alimony will be paid for 6 years. Similarly, the court can change these rules if it finds the weighty reasons that this is an unfair decision for a particular case of divorce.

Property division in Maine

Property division

The court is guided by the equitable distribution rule to divide common property. By common property is meant all property that was acquired by spouses in marriage, including debts. Equitable distribution means that all property will be divided fairly between the spouses, but this does not always mean that it will be divided equally.

The court will take into account a number of factors, such as, for example, the length of the marriage, the value of each property, the financial and emotional contributions that the spouses made to their marriage.

Divorce without a lawyer in Maine

If the interested party apply for a divorce in Maine, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county he or she lives, the process of divorce in the state of Maine can vary.

Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce.

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Mediation support in Maine

Any spouse may voluntarily use the services if he or she finds that a third party is able to resolve disputes between divorcing spouses. Mediators are involved in the process to address issues such as custody of underage children or the division of common property.

Divorce forms in Maine

For divorce in Maine there are various forms, the most common are "Complaint for Divorce", the "Family Matter Summons" and the "Social Security Number Disclosure". However, not all of the existing divorce form documents need to be filled.

Uncontested divorce in Maine

Uncontested divorce in Maine

The umnatched divorce is when the couple came to an agreement on controversial issues such as custody, property division, the amount of financial support and alimony. A non-disputable divorce occurs much faster, since the court does not need to understand the circumstances of the case, since the spouses have already found out all the disputable issues.

To be able to file for an uncontested divorce in Maine, one of the following requirements must be fulfilled:

  • The plaintiff (a spouse who wishes to divorce) files divorce documents against the defendant (the second spouse), and the defendant in turn does not file a counterclaim. Thus, the judicial clerk will consider that the second spouse agrees with the papers for the divorce, which was granted by the first spouse.
  • During preliminary hearings the plaintiff and the defendant both take part in them, and the court is convinced that there are no disputes.

How to serve divorce papers in Maine

The interested person needs to transfer to the spouse copies of all the Maine divorce papers that the interested person filled out and registered in court so that he or she can get acquainted with the case materials.

State regulations allow the interested to serve the spouse in several ways. If the interested person is on good terms, he or she can transfer the papers personally to the hands of the spouse or his / her attorney.

If the interested person’s relationship is not so good, they can ask the sheriff from the county in which the spouse resides to deliver the documents to him or her personally, however this may take some time. A faster way is to use the services of a professional serving, but this will cost more. The receipt that the interested person will receive on the total of how the spouse will take the documents as well must be attached to the divorce form documents.

If the interested person do not know where his or her spouse is and the interested person do not have the opportunity to contact him or her, then it is possible to file an ad in a local newspaper that the interested person are starting a divorce process in Maine.

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Filing fees for divorce in Maine

Total fees will contain sum of Maine court filing fees and cost of using the service of online divorce in Maine. This cost may vary by county.