what you need to provide for a judicial separation in maine

By Rudman Winchell Attorney Anthony A. Trask

DIVORCE PAPERS

It is a mutual refrain, "I got served with divorce papers." Nosotros hear it from hapless friends and colleagues from time to fourth dimension and probably exercise not ask questions, preferring to remain in the dark. Nevertheless, what exercise you do when you are the 1 handed the papers?

Divorce tin can exist scary: it marks the terminate of something that was once expected to terminal forever and marks the outset of what is probably a mystery, particularly if you did not initiate things. However, the procedure does not need to exist scary or a mystery and knowing what to expect tin can eliminate a great bargain of fear.

A divorce is a lawsuit to legally break up a partnership. Similar whatsoever other lawsuits, a divorce is begun with ane political party filing and serving the other party with a summons and complaint. Neither document is specially complicated. A summons is an official form from the court alerting y'all that a legal action has been initiated confronting you and information technology provides some guidance as to what you need to practice. The complaint is simply a request by one political party for the court to terminate a marriage. The complaint also itemizes the various problems that the Court will need to address, which may include issues related to minor children (primary residence, visitation, kid back up, taxation exemptions, etc.), existent manor, personal property, debts, and spousal back up, among other things.

The person receiving the complaint is required to file a written reply with the court inside xx days. The answer is trivial more than acknowledgement that you received the divorce documents and you either agree or disagree with the statements fabricated in the complaint. Often, the person answering the complaint will file a counterclaim, which is essentially just an affirmation that the person filing agrees and also wants a divorce.

Like any lawsuit, the parties are given the labels "plaintiff" and "defendant" but in the divorce context the labels accept little importance and primarily but influence which political party volition showtime during court proceedings. The labels have no result on either political party's parental or belongings rights.

DIVORCE Court

In cases where in that location are minor children involved, the divorce will initially be handled by a Family Police force Magistrate at the local Commune Court. The showtime meeting with the Family Law Magistrate volition exist scheduled presently after the instance is filed with the Court. The parties and their attorneys (if whatever) will run across with the Family unit Police Magistrate to try to establish the initial living arrangements for the children and the amount of kid support one party volition pay the other (if any). Other issues are discussed at this first conference, but non a great bargain is achieved unless the parties take agreements which the Family Law Magistrate can make into enforceable Courtroom orders. For example, the parties might agree virtually the vehicles each will bulldoze and maintain until further order of the Court.

The Family Police force Magistrate has the power to make up one's mind all issues that need to be addressed immediately (before the last divorce judgment is issued) but the parties do have the right to request that a Gauge make all the decisions in the example. Normally, withal, the Family Police Magistrate will supervise the instance equally information technology makes its way through the Court and tin grant a final divorce if the parties are in full agreement.

Mediation

A unique characteristic of Maine divorce police is that if the parties take children nether xviii they are required to participate in mediation if they are unable to achieve a consummate settlement of the case. If there are no minor children involved, mediation may still be held if both parties hold to nourish or if it is ordered by the Estimate.

Mediation is breezy in the sense that the parties, their attorneys (if whatsoever), and a mediator see in individual conference rooms, without the customary Court rules regarding testify and court procedure. The mediators are hired past the Courts and have received preparation in getting people to compromise and resolve disputes. They cannot provide legal communication; the mediators try to help the parties to reach reasonable agreements regarding the issues of the divorce.

Sometimes the parties are all in the same room during mediation, other times they remain in separate rooms with the mediator going dorsum and along. The parties go to decide this based on their level of comfort. Some mediators want the parties to sit down together but the parties have the right to reject. Often mediation is successful in bringing nearly fractional or even complete agreements. Even so, the parties are under no obligation to agree to anything.

INTERIM ORDERS

If necessary, Maine police force permits either political party to seek a temporary Court order that volition govern some of the parties' deport until the conclusion of the divorce. Temporary Court orders normally accost which party will have the use of the marital home, responsibility for marital bills and debts, temporary kid support and spousal support, parental rights and responsibilities for children, and responsibility for attorneys' fees. A mediation session is normally required before the Court will deport a hearing on a request for an interim social club. Such a hearing will exist similar a miniature divorce trial dealing only with problems that must exist resolved immediately.

TRIAL

If an agreement is reached through informal discussions, attorney negotiation, mediation or a combination of these efforts, the understanding is presented to the Family unit Police Magistrate or Judge for approval at a final uncontested hearing. If approved, which happens almost all the time unless information technology appears unfair or in some way unlawful, the agreement becomes the final gild and the parties have, in effect, written their own Divorce Judgment. If an understanding cannot exist reached on all of the issues a last hearing, or trial, volition held at which the parties will each present bear witness in the form of exhibits and witnesses in an endeavour to convince the Court to decide the disputed problems the way they each feel they should be resolved. The issues that the parties were not able to resolve by understanding will be decided by the Approximate after the trial.

HOW LONG BEFORE IT IS OVER?

Nether Maine police, the minimum period of time before a terminal divorce can granted past the Court is sixty days from the twenty-four hour period the summons and complaint were served on the other party. However, virtually divorces have several months to work through all of the issues. Divorces in which there are disputes that demand to be resolved past the Courtroom, particularly issues related to small children, tin oftentimes accept over a twelvemonth.

More often than not speaking, the best and fastest results occur when the parties are able to fix aside the enormous amount of emotion involved (far easier said than washed) and treat the divorce process as terminating a partnership that was non working anymore and deciding what is all-time for the children and how the avails and liabilities of the partnership are best divided.

HELP

If you were recently served with "divorce papers" or you think your ain marriage is broken across repair and yous would like further explanation and assist in the process, we encourage you to contact one of our experienced family law attorneys to discuss your situation and determine if legal representation would exist appropriate.

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Source: https://www.rudmanwinchell.com/the-divorce-process-in-maine-2/

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