See if you Qualify in Maine
Online Divorce provides qualitative and approved by the court Maine divorce papers. The information below will help you understand more about the divorce in Maine. However, if you feel any doubts or insecurities, we will help you to figure out how to get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in Maine. We guarantee that in a short time you will receive the correct Maine divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.
Below you can find common steps of how to get divorce in Maine:
1) One of the main conditions for obtaining a divorce in Maine should be the fact that your marriage is legal, that is, state law recognizes the existence of this marriage and considers it official.
2) In order to file a divorce lawsuit in Maine, there are several conditions for living. Therefore, if you want to file divorce form documents in the state of Maine, you must match at least one of them.
3) You must identify the reason on the basis of which you are seeking a divorce. Mainly divorces in Maine are made on the basis of the no-fault grounds, for many couples it is convenient, because you do not need to take your family life on public display. However, if you insist that it is the actions of your spouse that led to the breakdown of the relationship, state law allows you to sue on the basis of fault reasons. Usually these are the classic fault grounds which you can find out below. Just keep in mind that it will not be enough just to indicate them in your Maine divorce papers, you will still need to provide the court with conclusive evidence of your spouse's guilt.
4) If there are underage children in the marriage, you and your spouse must decide how custody should be divided. Otherwise, the court will make decisions independently after analyzing a number of factors that took place in the family. 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. Note that if you and your spouse can’t agree, it can delay the divorce process, since each controversial issue will be heard in the courtroom.
5) The next step and perhaps one of the most important is the filling of the Maine divorce papers. Note that there are different variations of divorce form documents, but you do not need to fill out all of them, but only those that relate to the circumstances of your divorce. If you fill out the wrong papers or make any mistake, then they will be rejected by the court and you will not get a divorce. Many couples prefer to start Online Divorce in Maine using the help of our service. Online Divorce is the best divorce provider in the USA. Using our services, you can be 100% sure that you will receive exactly the papers that meet your case and they will definitely be approved by the court. You do not need to know the legal terms and nuances, the only thing you have to do is answer a number of questions about your family, everything else will be done for you by Online Divorce. The divorce in Maine will become simple and fast for you with the help of the services of Online Divorce.
6) Once you file a divorce suit, you need to notify your 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 your divorce.
If you decide that you want to get a divorce in Maine, then one of the following conditions for accommodation should be fulfilled:
1) 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;
2) The spouse who submits the application is a resident of the state and the marriage was concluded in the state of Maine;
3) 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;
4) A spouse who does not file for divorce (defendant) is a resident of the state;
Valid Grounds to get divorce
Maine is a no-fault state, which means that you can file for divorce on the basis of the fact that between you and your spouse there are irreconcilable differences that have led to the separation of marital relations and there is no chance to restore everything. This is a reasonably convenient reason for getting a divorce in Maine, since you do not need to prove the fault of your spouse in court. However, if you insist that it is your husband's actions that led to the desire to get a divorce, state law allows you to also file for divorce in Maine on the basis of the fault grounds, but keep in mind that in this case you will have to endure all the dirty laundry on public display and to prove the fault of your spouse. For fault grounds, the following can be attributed:
1) Adultery of the spouse;
2) Extremely cruel behavior of the spouse;
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;
In Maine, there is a separate type of marriage termination - this is an annulment, which is usually a faster process than divorce. The essence of the annulment is that in the eyes of Maine's law marriage never had legal force. Sometimes, instead of getting a divorce in Maine, couples prefer to make an annulment due to various social issues. Nevertheless, annulment is also not such a simple process. If you decide to end the marriage by revocation, you must have a good reason for this, so one of the following requirements must be met:
1) spouses are close relatives of each other;
2) at the time of marriage, one of the spouses was a minor;
3) one of the spouses suffers from a severe form of psychiatric illness;
4) one of the spouses fraudulently forced the second to marry;
5) one of the suprugs is impotent;
In order to cancel the marriage, you must file a corresponding petition called "Complaint for Annulment" in the county where you or your spouse lived at least 60 days before the filing.
Custody of the Child
The main task before the court in the allocation of parental rights is to provide a minor child with frequent contact with the parents after the divorce. 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:
1) the residence of the child;
2) contact the child with both parents;
3) the education and medical care of the child;
4) 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:
1) Age of the child;
2) Relationships that have developed between the child and each parent;
3) The level of family well-being in marriage;
4) The ability of parents to resolve conflict situations when deciding on the child's growing up;
5) The living conditions that each parent can provide for the child;
6) Facts of domestic violence that took place in the family;
7) The desire of the child to stay with any of the parents;
8) Any other factors that the court deems important to make a decision;
Note that the court draws information for a decision from you and your spouse, which you provide in your Maine divorce papers. Thus, it is very important to fill out the divorce form documents in the most detailed manner so that the court has a full picture, which had a place in the family, since this will greatly influence the decision on custody of the child.
Rules for Child Support
With a divorce in Maine in each case, 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.
Rules for Spousal Support
When divorced in Maine, the court may require one of the spouses to financially support the second spouse. 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.
There is also a rule that 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.
When divorced in Maine, 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. So, for example, if you have a car that you bought before the marriage, it is a private property and is not subject to division. The rule of 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. When making a decision, 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. Similarly, in some cases, if after a divorce in Maine, one of the spouses remained the owner of most of the property, which could not be divided into two (for example, the house where the couple lived), the second spouse will be awarded alimony covering the amount of the missing part of the property.
Divorce without a lawyer
If you 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 you live, 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.
With a divorce in Maine, there are no strict requirements for the use of the help of mediators. However, any spouse may voluntarily use the services if he or she finds that a third party is able to resolve disputes between divorcing spouses. Usually, 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. What kind of document you need - it will depend on the county in which you file a claim, as well as on the circumstances of your case. Please note that if you submit the wrong divorce papers, the court will not accept them. Therefore, it would be good to consult with a specialist before you are able to fill out the forms. However, this process can be long and costly. Many couples preferred to use the Online Divorce service - the best service for preparing divorce form documents. We give a 100% guarantee on the Maine divorce papers filled out through our service, that they will be approved by the court. The process of filling out forms with Online Divorce is quite simple - you need to answer some questions about your marriage, and we will do the rest for you. Online Divorce will select all the necessary Maine divorce papers that match the type of your divorce, as well as fill them in accordance with state requirements. You will get your papers quickly and at minimal cost, after which they will only have to be filed to court. Online Divorce in Maine with the help of our service is a quick and easy way to end a broken relationship.
Uncontested Divorce in Maine
For any couple, divorce is primarily a difficult emotional process. In addition to the emotional experience, many couples also have to undergo a process of litigation, which is also a very traumatic step, since unpleasant questions can be dealt with during the hearing. However, not everything is so bad, there is an entrenched divorce in Maine, which is called unmatched. The essence of it is that before the divorce, 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:
1) 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.
2) 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 final step in the application process is the serving a spouse. In other words, you need to transfer to the spouse copies of all the Maine divorce papers that you filled out and registered in court so that he or she can get acquainted with the case materials.
State regulations allow you to serve your spouse in several ways. For example, if you are on good terms, you can transfer the papers personally to the hands of your spouse or his / her attorney. After that, your spouse must sign "Acknowledgment of Receipt", which must also be attached to your Maine divorce papers.
If your relationship is not so good, you can ask the sheriff from the county in which your 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 you will receive on the total of how your spouse will take the documents as well must be attached to your divorce form documents.
If you do not know where your spouse is and you do not have the opportunity to contact him or her, then you can file an ad in a local newspaper that you are starting a divorce process in Maine.
After the spouse is notified you will need to wait for some time before the court engages a hearing on your divorce.
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. Please check with your local court officer to determine the exact amount.