DIVORCE IN MAINE FREQUENTLY ASKED QUESTIONS: Divorce Lawyer, Maine

DIVORCE IN MAINE – Divorce Lawyer in Maine


FREQUENTLY ASKED QUESTIONS ABOUT DIVORCE IN MAINE

 

  1. How Much does a divorce cost in Maine?

The court filing fees are approximately $150 but that does not include what you pay your lawyer. The amount you pay your lawyer will vary depending on your case and whether it is contested or uncontested.

2. How long does the divorce process take in Maine?

It takes a minimum of 60 days from the filing of the divorce petition to get divorced in Maine. That is assuming the parties are in agreement on everything and thee are no children under the age of emancipation. It is not unheard of that your divorce could take more than a year to be fully adjudicated in the State of Maine.

3. What are the grounds for divorce in Maine?

In Maine, no fault divorce is the rule of law. That is to say, it is the norm. But there are other grounds you can use in Maine which include: extreme cruelty, cruel and inhuman behavior, adultery, impotence, intoxication (habitual), desertion (more than 3 years), non support, or judicially declared incapacity.

4. Can I file for divorce without a lawyer in Maine?

Yes but if your divorce is contested this is not recommended.

5. How does the court decide custody?

It is like most other states in the country, the court will look at what is in the best interest of the child. The court will start with a joint custody presumption with the understanding that under normal circumstances, a child is better off if they have a relationship with both parents. But if there are extenuating circumstances that could negatively impact the child’s emotional, physical, psychological and social wellbeing obviously the court will have to consider that. An investigation will be launched and then testimony given to the court (or a report) that ultimately will determine who gets custody in your case.

6. What is the case management conference?

It is usually mandatory and it is basically a status conference to see what you and your spouse agree on and what are the outstanding issues. It usually happens around the 45 day or so after the case has been filed.

7. Is divorce mediation mandatory?

It could be if you and your spouse cannot agree on getting divorced, the distribution of your property or even about what happens with the children.

8. Is Maine a state where I automatically get 50 percent of the value of our marital property?

No. Maine is an equitable distribution state and that means you get what is fair even if it is less than 50 percent of the value of your marital property.

9. What are the residency requirement to file divorce in Maine?

Six months of residency of either you or your spouse is required unless you are a member of the armed services.

10. Can the Court prevent my spouse from hiding or transferring assets.

Yes. The court issues an automatic stay at the commencement of the divorce action which states in part:

” That each party is enjoined from transferring, encumbering, concealing, selling or otherwise disposing of the property of either or both of the parties, except in the usual course of business or for the necessities of life, without the written consent of the parties or the permission of the court;
(2) That each party is enjoined from imposing restraint on the personal liberty of the other party or of a biological or adopted child of either or both of the parties; and
(3) That each party is enjoined from voluntarily removing the other party or a child of the parties from a policy of health insurance that provides coverage for the other party or the child of the parties.”

 


Please note that nothing on this page is intended to be legal advice. If you live in Maine and are getting divorced, please consult with an experienced attorney in your state.

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