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Divorce
Forms |
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 Grab
your Maine coon cat, hunker down, and ready yourself
for a difficult, but entirely survivable ride. Don't
despair, it WILL get better. Take a deep breath.
If nothing else, we'll give you some answers and
ease your anxiety. If you're having a tough time
coping, perhaps you should view
this page first.
Child Support
Maine divorce
laws (you'll hear lawyers refer to them as Maine
divorce statutes) establish the amount of child
support to be paid. Either or both parents may
be ordered to pay child support, regardless of
any marital fault. Like other states, Maine has
a child support worksheet that helps establish
an approximate initial amount. Courts may deviate
from the guidelines upon the conclusion that an
application of the guidelines would result in
an unjust or inequitable result.
Maine divorce laws guide
the courts to consider the following factors for
child support: 1.) The non custodial parent is
in fact providing residential care for the child
for more than 30% of the time on an annual basis;
2.) The number of children for whom support is
due is greater than six;
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3.)
The relationships between the child support award,
the division of property, and alimony; 4.) The
financial resources of each child; 5.) The financial
resources and needs of each party; 6.) The standard
of living the child would have enjoyed had the
relationship continued; 7.) The physical and emotional
needs of each child; 8.) The educational needs
of each child; 9.) Inflation and 10.) Available
income.
Maine divorce laws provide
that in cases where a marriage annulment or marital
annulment is sought, and there are children of
the marriage, that those children be afforded
the same rights, protections and parental financial
support, including that the children are not considered
illegitimate offspring of the parents, that other
children of the state receive.
If a marriage separation
(sometimes referred to as a marital separation
or legal separation) has been decreed, the court
may make such further orders for the support and
maintenance of either spouse and for the support,
maintenance, and education of minor children,
by either spouse, or out of the property of either
spouse, as the court deemed appropriate.
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Child Custody
Pertaining
to child support, and in the vernacular of Maine
divorce statutes: "The father and mother
are the joint natural guardians of their minor
children and are jointly entitled to the care,
custody, control, services and earnings of their
children". Each parent has equal rights relative
to the other with reference to any matter affecting
their children.
When the
parents agree to equal footing with respect to
shared parental rights and responsibilities, the
court will approve of that agreement unless there
is substantial evidence that it should not be
ordered. The court will decline to agree to any
agreement that doesn't serve the best interests
of the child first, and all parties second.
Family law
guides the court to make decisions regarding the
child's residence and parent-child contact. It
will consider as primary the safety and well-being
of the child. Relative factors in determining
child custody can include: 1. The age of the child,
2. The relationship of the child with the child's
parents and any other persons who may significantly
affect the child's welfare, 3. The preference
of the child, if old enough to express a meaningful
preference, 4. the
duration and adequacy of the child's current living
arrangements and the desirability of maintaining
continuity, 5. The stability of any proposed living
arrangements for the child, 6. The motivation
of the parties involved and their capacities to
give the child love, affection and |
guidance,
7. The child's adjustment to the child's present
home, school and community, 8. The capacity of
each parent to allow and encourage frequent and
continuing contact between the child and the other
parent, including physical access, 9. The capacity
of each parent to cooperate or to learn to cooperate
in child care, 10. Methods for assisting parental
cooperation and resolving disputes and each parent's
willingness to use those methods, 11. The effect
on the child if one parent has sole authority
over the child's upbringing. child custody.
The parents are required
to be aware of how domestic abuse between the
parents affects the children emotionally.
Using Maine divorce statutes
as guidance, courts are sensitive to a parent's
prior willful misuse of the protection from abuse
process in order to gain tactical advantage in
a proceeding involving the determination of parental
rights and responsibilities of a minor child.
Such willful misuse can count against that parent
in any future proceedings inasmuch as it demonstrates
that parents lessened ability and willingness
to cooperate and work with the other parent in
their shared responsibilities for the child.
Courts will consider
if the child is under one year of age, whether
the child is being breast-fed; and if there exists
a parent's conviction for a sex offense or a sexually
violent offense. |
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10 Worst Mistakes You Can Make In Your Divorce," go
to www.HappilyDivorced.org |
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Visitation/Co-Parenting
Divorce
laws provide for visitation, or co-parenting,
to the non-custodial parent much in the same way
they are in other states. In the absence of an
agreement between the parents, the court will
often award the non-custodial parent time with
the children every other weekend (sometime 1st
and 3rd weekends, or 2nd and 4th weekends), one
or two nights a week for dinner or activity, alternating
holidays, Father's Day and Mother's Day with the
respective parent, and an extended stay during
the summer (often 30 days or more). It
is wise to get as much in writing as possible.
Who will pick up and drop, where, what time etc.
Visitation is closely aligned with custody and
a parenting plan. You
have the opportunity to create your own parenting
plan, and in Maine, it doesn't necessarily have
to be in writing (although we strongly suggest
it). If the parents are not able to reach an agreement |
on
child visitation or child custody, they both will
often be required to participate in a mediation
process before having a court hearing or before
a judge hears the case. Helping the couple will
be a mediator (often an attorney or social worker).
If mediation fails, a court hearing becomes the
next step. The court will get custody evaluations
of the family by experts in the field of child
psychiatry, psychology or mental health. Yes,
you both will fall under close scrutiny.
Be aware that you have to guide your side of the divorce. Don't rely that your attorney will think of everything. You set the course; your lawyer navigates. If you anticipate any problems with custody or visitation, we suggest you own Child
Custody Strategies.
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Alimony/
Maintenance/ Spousal Support
The court
can award alimony or spousal support to provide
financial assistance to a spouse with substantially
less income potential than the other spouse so
that both spouses can maintain a reasonable standard
of living after the divorce. The term maintenance
can also be used as alimony.
In general
terms, Maine family law presumes alimony is not
justifiably awarded in marriages of less than
10 years, and general support (alimony) won't
be ordered for more than 1/2 the term of the marriage
[10-20 year marriages get alimony for half the
length of that marriage. Both of these presumptions
are arguable and subject to deviation.
Temporary
alimony may be awarded to provide for a spouse's
transitional needs, including, but not limited
to: 1. Short-term needs resulting from financial
dislocations associated with the dissolution of
the marriage; or Reentry or advancement in the
work force, including, but not limited to, physical
or emotional rehabilitation services, vocational
training and education.
Factors
that help determine an award of spousal support:1.) The
length of the marriage, 2.) The ability of each
party to pay, 3.) The age of each party, 4.) The
employment history and employment potential of
each party, 5.)
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The
income history and income potential of each party,
6.) The education and training of each party,
7.) The provisions for retirement and health insurance
benefits of each party, 8.) The tax consequences
of the division of marital property, including
the tax consequences of the sale of the marital
home, if applicable, 9.) The health and disabilities
of each party, 10.) The tax consequences of a
spousal support award, 11.) The contributions
of either party as homemaker, 12.) The contributions
of either party to the education or earning potential
of the other party, 13.) Economic misconduct by
either party resulting in the diminution of marital
property or income, 13.) The standard of living
of the parties during the marriage, 14.) The ability
of the party seeking support to become self-supporting
within a reasonable period of time, 15.) The effect
of the following on a party's need for spousal
support or a party's ability to pay spousal support
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Grounds
For Divorce
Maine divorce laws specify
that grounds for divorce can be any
of the following: 1.) Adultery, 2.) Impotence,
3.) Extreme cruelty, 4.) Desertion for 3 consecutive
years, 5.) Nonsupport when that spouse has the
ability to support, 6.) Cruel and abusive treatment,
7.) Cruel and abusive treatment, 8.) Irreconcilable
marital differences, 9.) Mental illness with confinement
for 7 consecutive years.
If one party alleges
that there are irreconcilable differences and
the opposing party denies that allegation, the
court may continue the case and require both parties
to receive counseling by a qualified professional
counselor to be selected either by agreement of
the parties or by the court.
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The
counselor will then provide a written report of
the counseling to the court and to both parties.
The failure or refusal of the party who denies
irreconcilable marital differences to submit to
counseling without good reason is considered solid
evidence that the marital differences are irreconcilable.
In any divorce action
that involves the custody of a minor child, the
court can request the department investigate conditions
and circumstances of the child and the child's
parents. A written report will be provided to
the court.
If the court requests
an investigation for purposes other than suspected
abuse or neglect the court will order either or
both parties to pay to the department part or
all of the costs of services unless the court
has made a finding of inability to pay. |
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Marriage
Annulment
Marital Annulment
A marriage
annulment is a legal decree nullifying the validity
of a marriage. It must be legally petitioned for,
and as a rule, is difficult to prove and have
adjudicated. To file for an marriage annulment
(also known as a marital annulment), you must
use one of the following claims (grounds): Fraud-
If your spouse misrepresented him or herself to
obtain your consent for marriage, you can bail
out by filing for annulment under Maine annulment
laws. |
Mental
Incapacitation- According to Maine annulment
laws, you are entitled to annulment if your spouse
is mentally incapacitated. Consanguinity-
Marrying someone related too closely to you. It
is a marital relationship between full-blood or
half-blood relatives e.g. marriage with a natural
parent, child, grandparent, grandchild, uncle,
aunt, nephew, niece, stepparent, stepchild, adoptive
parent, adoptive child, brother, half brother
or sister. A less sensitive term would be inbreeding. Underage
Marriages- minors getting married is a ground
for annulment. Impotency- Impotency is
a valid annulment ground according to Maine annulment
laws. You can obtain annulment if your spouse
is impotent.
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Marriage
Counseling/
Mediation
At any time after the filing
of the petition for divorce, the court may refer
the parties to mediation and require that the
parties make a good faith effort to mediate the
issue(s). Mediation is not marriage counseling
but marriage counseling will sometimes be suggested
if it appears to the court that it may produce
a better result.
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If
the court determines that either party failed
to make a good faith effort to mediate, the court
may order the parties to submit to mediation,
dismiss the action or any part of the action,
render a decision or judgment by default, assess
attorney's fees and costs or impose any other
sanction that is appropriate in the circumstances.
This passage means that if you refuse to participate
or cooperate, you could find yourself in serious
trouble, including losing part or all of your "rights".
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Legal
Separation/
Marital Separation
Maine is one of just
a handful of states that does not formally recognize
a legal separation, marital separation or any
separation agreements.The term 'legal separation'
is really more colloquial than legal in nature.
A physical separation nearly always prompts the
dependent party to seek financial support from
the independent partner. |
Maine
divorce laws mandate that courts address and rectify
financial concerns over child custody, child support,
spousal support if any, and possibly the settlement
of marital property. The physical separation will
signify the end to one's responsibilities and
commitments to the other other than what is specified
by the courts. Furthermore, a separation isn't
necessary for a petition for dissolution to proceed.
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Waiting
Period
A judgment of legal separation
may be granted upon the petition of one of the
parties to a marriage, or upon a joint petition
filed by both spouses when the party or parties
live or desire to live separate and apart from
their spouse for a period of at least sixty consecutive
days. |
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Grandparents Rights
Maine divorce
laws and Federal statutes permit a grandparent
of a minor child to petition the court for reasonable
rights of visitation or access if: 1.) At least
one of the child's parents or legal guardians
has died,
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2.)
There is a sufficient existing relationship between
the grandparent and the child, 3.) When a sufficient
existing relationship between the grandparent
and the child does not exist, a sufficient effort
to establish one has been made. Best interest
of the child prevails.
State
Fact Sheets for Grandparents and Other Relatives
Raising Children |
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Divorce
Settlement
Maine divorce
laws allow that you and your spouse will arrange
a divorce settlement of your marital assets, or
the court will do so for you. Should the court
make the settlement, they will set apart to each
spouse the spouse's property* and will divide
the marital property in proportions the court
considers just after considering all relevant
factors, including: 1. The contribution of each
spouse to the acquisition of the marital property,
including the contribution of a spouse as homemaker,
2. The value of the property set apart to each
spouse; and 3. The economic circumstances of each
spouse at the time the division of property is
to become effective.
Did you come into
this marriage owning a house? Concerned about
the equity in that house that you brought into
the marriage? Worried that that property you had
before the marriage will become a part of your
divorce settlement? Here's how it works generally.
What you brought into the marriage is usually
all yours. |
However,
any appreciation of the house or the property
value is normally treated as a "marital asset",
meaning that you will likely forfeit a third to
a half of that appreciation to your spouse in
the divorce.
*see
Maine divorce statutes for definition of "property"
Did you come into this marriage
owning a house? Concerned about the equity in
that house that you brought into the marriage?
Worried a divorce settlement will take away what
was originally yours? Here's how it works generally.
What you brought into the marriage is usually
all yours. However, any appreciation of the house
or the property value is normally treated as a "marital
asset", meaning that you will likely have
to give up a half of that appreciation to your
spouse in the divorce.
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Residency
Requirements
Maine divorce laws require
that at least one of the parties in an action
for divorce be a resident of the state or, the
plaintiff must have in good faith resided in Maine
for a period of at least six months prior to the
filing of the complaint. |
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