Seeking legal counsel on how to file for divorce in Maine?
The state of Maine recognizes no-fault divorces. One of the parties must claim that the union is “irretrievably broken.” This is referred to as “irreconcilable differences,” and it indicates that the two sides no longer get along.
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Requirements for Residency
To file for divorce in Maine, one or both parties must have been a resident of Maine for six (6) months before to filing the Complaint, be a current resident and the marriage happened in Maine, or be a resident of Maine and the grounds for divorce occurred in Maine.
Complete your Forms
When applying for divorce, you must submit certain papers to the judge. The majority of the forms listed below are accessible on the state-approved website listed below.
Anyone filing for no-fault divorce in Maine must complete and submit the following forms:
Complaint for Divorce on Family Matter Summary Sheet (with or without children)
Summons for Family Matters and Preliminary Injunction (given by the Clerk’s Office)
Proof of Service Social Security Number Disclosure Form
After completing and filing the accompanying paperwork, the Defendant must be served by Certified Mail or Sheriff. If the parties are collaborating and in agreement with the divorce, the Defendant may sign the Acknowledgement of Receipt form admitting receipt of the paperwork.
Couples who have children must also file a Child Support Affidavit.
If the parties do not sign a Divorce Settlement Agreement and are not in agreement on how their assets and debts should be divided, they must prepare a Financial Statement to tell the Court about their assets. They may, however, utilize a Certificate in Lieu of Financial Statement if they have signed a Divorce Settlement Agreement.
Make duplicates of your forms.
Make at least two duplicates of each document after you have completed it. One pair will be submitted with the Court Clerk’s Office, while the other should be retained for your documents.
Bring your completed forms to your local court clerk’s office and pay the filing fee.
Bring the originals and duplicates of your papers to the Court Clerk’s Office. If everything is in order, the Clerk will use the original papers and charge a filing fee. As the divorce process progresses through the system, additional papers will be needed. You must maintain contact with the County Clerk to ensure that no dates are overlooked.
Finishing your Divorce
Once the first paperwork are submitted, the divorce must be scheduled for a hearing. The parties may request an uncontested divorce hearing if the divorce is not disputed. If the parties are unable to achieve an agreement, mediation is necessary. If an agreement cannot be reached via mediation, a Pre-Trial Conference must be conducted to establish how long the court trial will go. A Case Management Conference is necessary if children are involved in the divorce, unless the parties agree on interim arrangements for the children. A Certificate in Lieu of Case Management Conference may be submitted if the parents agree on an interim solution.
