How To: Get a divorce in Maine (without children)

How To: Get a divorce in Maine (without children) admin Thu, 05/21/2020 - 05:44
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Guides and How-To's

Introduction 

This is a guide to help you through the process of getting a divorce in Maine. We hope that this will help you feel more confident about dealing with the legal system. Divorce is a very common legal issue – you are not alone! Maine courts have tried to make getting a divorce more accessible to people who cannot afford a lawyer. It is common for people to need a divorce but not be able to afford a lawyer.  

This guide will go step-by-step through the divorce process in the Maine courts, including: 

  • The forms you will need to fill out 
  • How to ‘file’ and ‘serve’ court documents 
  • Understanding how mediation works 
  • What to expect at your divorce hearing 

Is this guide for you? 

You may use this guide if: 

  • You are married 
  • You do not have children with your current married partner, and 
  • You want to get a divorce 

If you are married, but you have children together, this is not the guide for you. Go here for information about getting a divorce if you have mutual children. 

You may want to start by watching this video. It gives a quick overview of the entire divorce process. This video was made for people with children who are getting a divorce. It will cover many things you need to know, like service of forms, but also includes information that only applies if you have children. The process is different, but many of the steps are the same. The video is a good overview and you can use this guide to learn about what to expect in your case. 

Main Legal Topic
Divorce, Custody, & Family
Divorce & Parental Rights

Before You Get Started – What to know before filing for divorce in Maine

Before You Get Started – What to know before filing for divorce in Maine admin Thu, 05/21/2020 - 05:49

Who can file for divorce in Maine? 

There are a few situations when you can file for a divorce in the state of Maine (instead of another state). Generally, you or your marriage must have some connection to the state of Maine.

Specifically, you can file for divorce in Maine if: 

  1. You have lived in Maine for at least six months when you file. 
  2. You are a resident of the state of Maine, and you were married in Maine.  
  3. You are a resident of the state of Maine, and were living in Maine when the situation or events leading to the divorce happened.  
  4. The person you are divorcing is a resident of the State of Maine.  

Any of these connections will work – they cover many common situations. It is important to know that you can still get a divorce in Maine even if you did not get married here!  

 

Should I get a lawyer? 

We provide this information for low-income people who cannot afford to hire lawyers. We recommend that you consult a lawyer if you can afford one. 

Also, you should try to get a lawyer if your divorce involves: 

  • Property issues, such as pensions or real estate 
  • Domestic violence 

You may want to try to do it yourself if: 

  • You and your spouse agree on all the legal issues, 
  • You do not feel that your spouse is a threat, and 
  • You have little property and few debts, which you can divide fairly. 

People with low incomes can get some limited help from Courthouse Assistant Projects (available in many, but not all Maine District Courts). For example, they can help you if you have more questions about filling out the forms or “serving” the forms on your spouse.  

If you think you can pay something for a lawyer, or for limited legal advice, you may want to call the Maine State Bar Association's Information and Referral Services: 1-800-860-1460. They charge a small referral fee. Or search online for Maine lawyers who specialize in divorce. 

If you are in a relationship with domestic violence, we recommend that you contact your local domestic violence program: 1-866-83-4HELP (1-866-834-4357). 

  

How long will my divorce case take? 

You cannot get divorced until at least 60 days after the complaint for divorce is served (delivered to your spouse). If you and your spouse agree on all or most of the issues, your case could be over in 60 days. If you disagree and the issues are complicated, your case could take much longer. 

  

How much does it cost to get a divorce in Maine? 

Here are some of the costs, which may change: 

  • Summons Form: $5 
  • Filing fee: $120 
  • Service fee: $8 - $50 (It varies depending on which method of service you use) 
  • Mediation fee (only if you request mediation): $80 (per party; $160 total for two mediation sessions) 

You can ask the court to waive the fees if you have a low income and cannot afford them. Ask the clerk for an "Application to Proceed Without Payment of Fees" and an "Indigency Affidavit." Or get these fee waiver forms online. 

Getting a Divorce in Maine Step One: Get the court forms

Getting a Divorce in Maine Step One: Get the court forms admin Thu, 05/21/2020 - 05:50

What forms do I need to fill out to start a divorce case? 

You can get most of forms you need (including instructions) as fillable .pdf’s here: Maine Divorce without Children Forms. 

One form you cannot get online is called the Summons. You must get the Summons form from the Court Clerk. The Court charges $5.00 for a signed Summons form. 

You can go to your local District Court and ask the clerk for a divorce forms packet. Tell the clerk that you are married and whether you own property (a house or land). The clerk will give you the right set of court forms. The packet also has a page of instructions telling you what to do with the forms and how to "serve" your spouse with the forms. 

Again, here are the typical costs of getting a divorce in Maine: 

  • Summons form: $5 
  • Filing fee: $120 
  • Service fee: $8 - $50 (Cost varies depending on which method of service you use.) 
  • Mediation fee (only if you request mediation): $80 (per party; $160 total for two mediation sessions) 

 

What if I can’t afford the fees for getting a divorce in Maine? 

If you have a very low income and cannot pay these costs, you can ask the court to pay them for you. This is called a ‘fee waiver’ and in Maine you can apply for one by filling out two forms. 

Ask the clerk for the forms: an Application to Proceed Without Payment of Fees (fee waiver form) and an Indigency Affidavit. Or use these fillable .pdf versions of the fee waiver forms. 

Check all of the boxes near the top of the fee waiver form to show that you need all costs waived. On the affidavit form, list all of your income and expenses. If you get TANF, SSI, or general assistance, the court should waive the fees. Contact Pine Tree Legal Assistance if you are denied.  

If your income is higher, the court will look at your income and expenses and decide whether you qualify for the waiver. 

Getting a Divorce in Maine Step Two: Fill out the forms

Getting a Divorce in Maine Step Two: Fill out the forms admin Thu, 05/21/2020 - 05:53

Next, you need to fill out the forms you got from the court (or online). The Divorce Information Sheet is at the front of the forms packet - it gives you some important information. Read it carefully. 

Here are some helpful tips about filling out these forms: 

  • If you're filing for divorce, you are the "Plaintiff." Your spouse is the "Defendant" 
  • If you cannot fill out the forms by yourself, find out if there is a Courthouse Assistance Program (CHAP) in your local court and when you can meet with them. Get an updated CHAP scheduled here. Or ask the court clerk about the CHAP schedule in your court. 
  • If you want your address and phone number on court papers to be kept private because you are afraid of your spouse,  read ‘What if I am afraid of the other party?’ below. 
  • You can “file” papers with the court by delivering them to the court clerk or sending them in the mail. The court clerk will give you the mailing address. Or find court mailing addresses here. File originals of all papers, including the summons, with the court. 
  • When you file any paper with the court, always mail a copy to your spouse, or their lawyer, if they have one. 
  • Make copies of your court papers for yourself. You may be able to do this at low-cost at your local library or town office. Put them in one file. Take that file to court every time you go. It is also a good idea to keep dated notes about what is happening. This will help you remember things like when you talked to the Clerk and when you mailed or filed papers. 

 

What do I put on the complaint form as "grounds" for divorce? 

Most divorces in Maine are granted on the grounds (reason) of "irreconcilable differences." Maine law includes nine different grounds for divorce, including adultery and extreme cruelty. But you do not have to show “fault” to get a divorce in Maine.  

If you want to get a divorce based on “fault” (extreme cruelty, for example), you should get a lawyer. If you list this as the only grounds and you do not prove "extreme cruelty," the court may not grant the divorce.  

If either spouse tells the court that there are "irreconcilable differences," the court can order a divorce. This is the grounds the court almost always uses, even when one party is at fault. 

Domestic violence or abusive behavior may be relevant to other decisions the court must make, like division of parental rights and responsibilities and need for spousal support. You can still tell the court about abuse or other issues even if you file based on "irreconcilable differences." Again, it almost never makes sense to try and show "fault" as the reason for your divorce. 

 

What If I am afraid of the other party? Do I have to say where I am living when I fill out the court forms? 

No. You can write "confidential" where the forms ask for address and telephone.  

Then ask the clerk for an “Affidavit for Confidential Address form” (or find it online here). Write down why you think this information must be kept private to keep you or your children safe. Sign it in front of a notary public. Then give it to the clerk along with your other papers.  

The clerk will then "seal" this information so that others can't see it. The other party can object to this in writing. If so, the court may hold a hearing to decide whether the clerk must still keep the information secret. 

If you are experiencing domestic violence or are worried about your safety if you file for divorce, there are resources in your community ready to help you. Contact your local domestic violence support organization or call the statewide hotline for Maine: 1-866-83-4HELP (1-866-834-4357). These resources are free, and available to anyone in Maine who needs them. These organizations will support you through the divorce process and may be able to refer your case to Pine Tree Legal Assistance if it is appropriate.  

Getting a Divorce in Maine Step Three: File and serve the forms

Getting a Divorce in Maine Step Three: File and serve the forms admin Thu, 05/21/2020 - 05:56

Go back to the Divorce Information Sheet that came with your court forms packet. Read it carefully. It tells you how to serve and file your forms.  

In a court case, ‘serve’ means giving court papers to the other party according to the rules of the court. ‘File’ means giving court papers (like forms, requests or ‘motions,’ or your divorce complaint) to the court – usually by sending or delivering them to the court clerk.  

Serving Divorce Papers in Maine – Some tips and common questions 

Do you always have to pay the “service fee?” 

You can avoid paying a "service fee" if your spouse signs the acknowledgement of service form. This form doesn’t mean they agree with everything in your divorce complaint. It is a quick and simple way of telling the court they have received the important court forms and information they need to know about and participate in their divorce case.  

You can give the papers to your spouse by handing it to them or by sending it to them by regular mail. If they do not agree to this, you will have to pay for "service." Learn your options by reading the Divorce Information Sheet that came with your divorce forms packet (read more above). 

 

What if my spouse won’t sign the acknowledgement of service form? 

If the defendant refused to sign, you can send the papers by "certified mail return receipt requested."  

This means the papers will get mailed to the Defendant and they will need to sign for the mail before they receive it. If they don't sign for it, it will get mailed back to you and you will need to try to serve in a different way. If they do sign for the mail, the post office will send you a card back showing that they have received the mail and have signed for it. You can then give this to the court clerk as proof that the defendant has now been served. 

If you think that one of the two mail methods will work, you can serve copies of your papers before you file the originals with the court. When you use this "serve first" method, you have 20 days to file your papers with the court after serving them on your spouse. 

 

What if service by mail doesn’t work? 

If the mail methods don't work because the defendant is avoiding service, you can use the Service by Sheriff method. This costs more.      

  • If you can't afford the fee, you can file your papers with the court first, along with your fee waiver application. 
  • Explain in your application why you need to use Service by Sheriff. 
  • If the court approves your application, the court will pay for the cost of Sheriff Service. 
  • When you use this "file first" method, you have 90 days to serve after filing. 

 

What if I don’t know where my spouse is? How can I serve them? 

You may not be able to find your spouse. If you have made all reasonable efforts but still cannot find the defendant, the court may let you do "Service by Alternative Means."      

 

What if I am the one who was “served” with the papers? 

The spouse who files and serves the papers is the "Plaintiff." The spouse who receives the papers is the "Defendant." 

The court papers you get, as the Defendant, may include an "Acknowledgment of Receipt" form. This form is meant to make the “service” process quicker and simpler. By signing and returning the form, you are only agreeing that you got the divorce papers. You are not agreeing to everything in the Plaintiff's Complaint. You will have the chance to explain where you stand on issues at the conference, the mediation, and any formal hearings you may have. 

 

What other forms will I need as the Defendant? 

Defendants need to complete and file an Entry of Appearance form. On this form, be sure to include your correct address. Then the court will know where to send you all important notices and court dates. "File" by mailing or hand-delivering to the court. Send a copy of this, and all your court filings, to the Plaintiff. Keep a copy for your own file. 

Defendants also need to complete and file an Answer. You have 20 days to do this, starting from the day you were "served."  

The divorce form includes a Counterclaim. This Counterclaim is your request for a divorce. If you do not file a Counterclaim and the Plaintiff decides to dismiss their case or does not show up at the final hearing, the court will dismiss the case. Then you would have to file a new complaint, starting all over again. By including a Counterclaim with your Answer, you are making sure your case will move forward even if the Plaintiff decides to dismiss their complaint or does not show up. 

 

What happens after divorce papers have been served and filed? 

Within two months of getting the Plaintiff's Complaint, the court will send both of you a scheduling notice. This will include a time and date to appear in court. 

Read on. The rest of this guide applies to both spouses. 

 

Can I sell or get rid of property? 

The court has ordered both of you to preserve all marital property while your case is pending.  

This means that you cannot give away, sell, or destroy any property that your spouse may have an interest in. For example, you can't sell the family car. One parent cannot cancel the other parent's or children's health insurance. 

These orders are included in the Summons and Preliminary Injunction form (see “Notice to Both Parties” on page 2) that the Plaintiff "served" on the Defendant. These orders apply to both of you. To avoid serious penalties, you need permission from the court to do any of these things. We advise you to talk to a lawyer before doing anything that may violate this order. 

 

What happens if I don’t go to a court meeting or hearing? 

It is important that you show up for all court dates. Be on time and be prepared. If you don't go, you can be "defaulted," which means that the court gives the other party what they want, including how to divide your property, money, and debts because you didn't show up. The court can also charge you for costs, such as court fees or the other party's attorney fees. 

 

What if I move or change phone numbers while my court case is pending? 

Notify the court in writing right away if your mailing address or telephone number changes. The court clerk needs to be able to find you. Otherwise, you may not get court notices, causing you to miss important court dates. You can use this court form to notify the court of address or phone number changes. 

Getting a Divorce in Maine Step Four: Making some decisions

Getting a Divorce in Maine Step Four: Making some decisions admin Thu, 05/21/2020 - 06:00

To prepare for your first court meeting, think about the decisions you need to make. The primary issues that will need to be decided are:

  • Property (how the property you own will be divided)
  • Debt (how much debt will be divided)
  • Spousal support (whether one spouse will pay support to the other, and how much)

 

How do we divide up property and debts?

That isn't always an easy question to answer. If you have a lot of property or debts, you should try to get a lawyer. Make sure that you are getting a fair share of real estate, pensions, and retirement accounts.

Personal Property: If you don't have much property, then you may be OK without a lawyer. All "marital property" should be divided fairly. "Marital property" is property that either of you got during your marriage (even if it is in your name alone). Generally speaking, property each of you got before you were married, as well as gifts made to you alone during the marriage, are not marital property (i.e. "non-marital property").  

Each of you may claim your non-marital property. The divorce order must address how all of your "marital property" has been or is going to be divided. Again, if you have pensions, retirement plans, or other major property issues, try to get a lawyer.

Debts: The same rules apply to debts as to property. Caution: No matter how you divide up your debts in your divorce, a creditor can still go after you for debts you both signed for while you were married. For example, you both signed for a joint car loan. Even if you agree that your spouse will be responsible for the car loan, the car creditor can still come after you to pay the car loan.  

If a creditor forces you to pay a joint debt that the divorce court has ordered your spouse to pay, you can bring a "post-judgment motion " to ask the court to order that your former spouse pay you back.

Real Estate: If you own a house or other real estate and don't have a lawyer, get this court form: Certificate Regarding Real Estate. Fill it out with the correct Registry of Deeds information, and file it with the clerk. Send a copy to your spouse. The court will use this information in drafting your final order.  

The court will order either you or your spouse to prepare another form: Abstract of Divorce Decree. Submit this completed form to the clerk along with the Registry filing fee. Send a copy to your spouse. The clerk will complete the process. Once the Abstract is filed in the Registry of Deeds, third parties, like future buyers, can trace how the divorce affected the ownership of the property.

 

How does the court decide on spousal support, or alimony?

First, Maine law no longer uses the term "alimony." It's called "spousal support." Unlike child support, the court does not have a set formula for determining spousal support. If this is an issue in your case, you should try to get a lawyer.  

You must ask for spousal support now; you cannot come back to the court later, after your divorce, to ask for it.

There are three types of spousal support in Maine:

  • General support
  • Transitional support, and
  • Reimbursement support

Here are some of the factors that the court will look at to decide whether to award spousal support, for how long, and for what amount:

  • The length of the marriage
  • The ability of each party to pay
  • The age of each party
  • The employment history, employment potential, income, and education of each party
  • The health of each party
  • The contributions of either party as a homemaker
  • Economic misconduct
  • Tax consequences
  • Any other factors the court considers appropriate

 

Can we talk about and agree on some of these things before going to court?

Yes, sometimes. The more things you can agree on before going to court, the more smoothly and quickly your case will move forward. Some couples are not able to talk about these issues or come to an agreement. Or it may not be safe to try to do so. But if you think you can talk about and come to a fair agreement on any of these issues, you should try.

If you agree on some or all of the issues, write that down. If you arrive at your first court appearance with full agreement, then you can move through the rest of the process quickly. If you use a mediator, they will write up a summary of your agreement for you.  

 

What about things we can’t agree about?

The court processes explained next are designed to help you figure out issues you’re stuck on. The court is there to:

  • Identify issues you cannot agree upon
  • Help you resolve issues where you haven't been able to come to an agreement (in Mediation, if you ask for it)
  • Make sure that your agreement is fair for you, and for your spouse. (Uncontested Hearing)
  • Decide issues you still can't resolve on your own (Contested Hearing)
  • Issue a final enforceable order. (This can be based on your agreement, decided by the court, or a combination of both.)

 

Is mediation a good option?

Court mediators are available to help you agree on the divorce terms. If you think using a mediator would help to move your case along more quickly, and that you and your spouse could come to an agreement, mediation might be a good option for you. Get more details about Mediation in that section of this guide.

Note: You will only go to mediation if you ask the court for this. The court will not order you to go to mediation in a divorce without children, or automatically set it up for you. If you want to mediate, you should send a request to the court clerk in writing – a simple letter will work. You should also send this letter to your spouse.

Getting a Divorce in Maine Step Five: The first meeting with the court, and how to prepare

Getting a Divorce in Maine Step Five: The first meeting with the court, and how to prepare admin Thu, 05/21/2020 - 06:02

At the first court date, what happens will depend on whether or not your spouse responded to the divorce papers you filed.

If they “answered” and filed a counterclaim (their own paperwork asking for a divorce)

The first court hearing you will be scheduled for is called an “Initial Appearance” or a “Trial Management Conference.” At this conference, the court will help you figure out what your next step should be. If you and your spouse come to an agreement before your scheduled trial management conference, you can notify the court and request a Final Uncontested Hearing sooner. We explain all of your options in more detail below.

 

If they did not “answer” and didn’t file their own paperwork asking for a divorce

The court assumes that they don’t contest the divorce. If this is the case, your first hearing will be an “uncontested final hearing.” This doesn’t always mean that this will be your last court hearing. You will still need to work out any disagreements you have with your spouse about the divorce. We explain all of your options in more detail below.

 

What does all this paperwork from the court mean?

If you are having a hard time understanding the paperwork the court sent you, check out our explanations of these notices:

Understanding your “Family Matter Scheduling Order” for an Initial Appearance/Trial Management Conference

The court has given you this Order to make sure that your case moves forward as quickly as possible. This information is to help you understand what this Order requires you to do.

About the “Financial Statement”

Get this form from the court clerk, or use the .pdf version of the Financial Statement. Check the information you received with your court forms packet. It includes instructions about the financial statement.

About the "Discovery Deadline"

"Discovery" is the formal process of finding out information about the other party. In a divorce, this usually means "discovering" financial information. In the simplest cases, the information you disclose on the required Financial Statement court form will be enough. You and the court can use this information to decide how to fairly divide your property and debts. In this case, you do not need to worry about further "discovery."

But if you or the other party has lots of assets — like pensions, real estate, or business holdings, you may need "discovery." Also, if you think that the other party is hiding income or assets from you, or if you are asking for spousal support, you may need discovery. You can “discover” financial information by sending the party a list of questions for them to answer or requesting a list of documents. Because requesting discovery and answering discovery requests can be complicated, you should try to get a lawyer to help you with your case if possible.

About Mediation

If you and your spouse don't agree on all the issues (how all property and debts will be divided, spousal support, etc.), you may want to mediate to see if you can reach an agreement. In a divorce without children, the court won't require the parties to mediate, so if you want to mediate, you have to ask for mediation. You will meet with a mediator who is a trained neutral person who will help you and your spouse discuss all the issues and try to reach an agreement.

You can ask to be scheduled for mediation by asking the judge in person at your first court date. If you want to be scheduled for mediation sooner, you can ask for mediation by writing the clerk a letter. Make sure you send a copy of your letter to your spouse.

The court charges $80 per party for mediation. This will let you meet with a court mediator for up to two (approximately) three-hour sessions. If you can't afford the $80 mediation fee, you can ask for a fee waiver. Ask the judge or the clerk for the fee waiver application and affidavit, or you can find them here.

If you live in Southern Maine, you can also choose to mediate outside the court through the Opportunity Alliance, located in South Portland. The Opportunity Alliance offers mediation services on a sliding scale fee system and the services are open to anyone who needs them regardless of ability to pay.

You can read more detailed information about mediation in that section of this guide.

About Witness and Exhibit Lists

If you expect to be using witnesses (other than yourself) or exhibits (like financial records), the court requires you to provide a list of these people and items before your court hearing. You will also need to list what issues you will be asking the court to decide. For example, what assets and debts need to be divided? What, if any, spousal support will be ordered?

About Sanctions

If you don't follow this order (like by not following the schedule the court has set), the court can penalize you. The court may:

  • dismiss your case
  • "default" you—meaning that your side of the issues will not be heard and considered; the court will give an Order based on what the other party is asking for
  • decide that you cannot use witnesses or exhibits at your hearing because you did not disclose them before the deadline
  • make you pay for any losses the other party had because you didn't follow the Order

 

What if I can’t meet this schedule?

As the Order says, it will become final within 10 days of the Order's date. If you don't think you can meet these deadlines, you must notify the Court in writing before this 10-day deadline. Otherwise, the court will assume that you will follow the order. File any objections with the court clerk and send a copy to the other party. After this 10-day period, it will be much harder to get the court to change the schedule.

Always notify the court and the other party any time you can't make a court date or meet a court deadline. Even if you do this, you can still be penalized for not following the Order, but this may help you to avoid the harshest sanctions.

 

What if we come to an agreement?

Finally, if at any time you and the other party agree on all issues involved in your divorce, send a letter to the court asking for an “uncontested hearing date.” This means that you will be able to skip all of the other steps and go straight to a final hearing.

 

Understanding your “Scheduling Notice” and “Checklist” (For an Uncontested Final Hearing)

The “Scheduling Notice” and “Checklist for Uncontested Final Divorce Hearing” do two basic things:

  • Let you know the date, time, and location of your uncontested final divorce hearing.
  • Make sure you have taken all the steps needed to allow the court to grant your divorce.

You will need to use the checklist no matter how you get to your Uncontested Final Divorce Hearing – even if you started out with a Case Management Conference and later came to an agreement with your spouse.

Here is what each checklist item means:

  • “Sixty (60) days has passed since the SUMMONS and COMPLAINT were served”     
    • The Court can’t grant your divorce unless 60 days have gone by since you served your spouse with your divorce papers.
    • The Court shouldn’t ever schedule this hearing any time before this has happened, so you can check this off without worrying about it.

 

  • “A FINANCIAL STATEMENT or CERTIFICATE IN LIEU OF FINANCIAL STATEMENT is properly completed and signed by both parties according to Rule 80(c).”     
    • You need to fill out a “financial statement,” which is basically an accounting of all of your assets and debts. If you don’t have a lot of assets or debt, or you and your spouse have agreed on how everything will be divided, you can use the Certificate instead.
    • You can find the Certificate here.

 

  • “If the other party is not present, a Federal Affidavit of Residency is completed and filed.”     
    • This just means that if your spouse hasn’t answered your divorce complaint, hasn’t appeared in court at any time during the divorce process, and isn’t going to show up for the Final Uncontested Hearing, you need to fill out and submit a form.
    • If your spouse has responded, or shown up in court, you don’t need to worry about this box – it doesn’t apply to you.
    • This form asks for information about your spouse, like where they live or work, to show that they aren’t in the military. It also asks where you live, and where your spouse lives, to make sure you are in the right Court. This information will confirm that the court has the power to grant your divorce.
    • You can find this “Federal Affidavit of Residency” here.

 

  • “If the other party has entered his/her appearance by(1) providing a copy of a letter delivered or mailed to the other party…or (2) filing a signed statement by the other party agreeing to an uncontested hearing on that date.”     
    • This box is to make sure that your spouse knows that the final uncontested hearing is happening. This is mostly for cases where they don’t show up in court, and say later that it was because they didn’t know the hearing was happening on that day.
    • You will need to show either that:         
      • You sent a letter or notice to your spouse at least ten days before the hearing, or
      • Your spouse has agreed to and signed off on having an uncontested hearing on the date the hearing is scheduled.

 

  • “If the parties have reached an agreement, the agreement should be reduced to writing, signed by both parties, and the original filed with the Court.”     
    • This just means that if you have an agreement with your spouse, it needs to be in writing, you both need to sign it, and you need to “file” it with the court.
    • You can file this by giving the original to the Court Clerk – make sure to keep a copy for yourself.

 

  • “If either party owns or has any interest in real estate, regardless of any agreement as to the ownership or division of the real estate, a CERTIFICATE CONCERNING REAL ESTATE must be completed, including the Book and Page in the Registry of Deeds that describes the real estate.”     
    • If you or your spouse own real estate (land, with or without a house) you will need to fill out a “Certificate Concerning Real Estate” – even if you have agreed about what to do with it.
    • You will need to look up the property in the County Registry of Deeds, and fill out the information for which page, in which book, the record of the property is kept in.
    • You can find the Certificate Concerning Real Estate here.

 

  •  “If any attorney represents either party, a proposed DIVORCE JUDGMENT must be prepared. If real estate is involved, the proposed judgment must include language required by 19-A M.R.S.A. Section 953(5).”     
    • This box only applies if either you, or your spouse, are represented by a lawyer in your divorce case.
    •  If you, or your spouse, have a lawyer, they will take care of this requirement, and probably also this entire checklist.

 

What is an interim hearing? Do I need to have one?

When there are urgent issues that need to be addressed before your case is finished, you may want to ask for an “expedited interim hearing.” An interim hearing is not held in every case, but it can happen at any stage before a final hearing if and when it is needed.  

The court considers many factors when deciding whether or not to hold an interim hearing. For example, the court may decide to have an interim hearing if a delay will make it harder for the court to later make a full and fair decision. You can ask the Magistrate for an interim hearing or fill out and file this form: FM-218 Motion for Expedited Hearing. Make sure to keep a copy of the form for your records and send your spouse a copy when you file it with the court.

An interim hearing is a formal court hearing. The Judge or Magistrate will hear each side. You can speak for yourself, bring witnesses, and present documents. Court rules of evidence and procedure are followed.

View our short family matter hearing videos below to get more tips on how formal court hearings work.

After the hearing, the Judge or Magistrate will give an interim order (a temporary order). Both you and your spouse will need to follow the interim order until your final court hearing.

NOTE: The situations presented in the videos involve children’s issues, but the same rules of procedure and evidence highlighted in the videos apply in your case.

 

Getting a Divorce in Maine Step Six: Mediation

Getting a Divorce in Maine Step Six: Mediation admin Thu, 05/21/2020 - 06:11

Mediation is a process in which a mediator tries to help parties come to agreements. A mediator is a trained neutral party who does not take sides. The mediator will try to help you solve these issues:

  • How you will divide your marital property and debts
  • Whether one party will pay spousal support

Note: You will only go to mediation if you ask the court for this. The court will not order you to go to mediation, or automatically set it up for you. If you want to mediate, you should send a request to the court clerk in writing – a simple letter will work. You should also send this letter to your spouse.

You can choose to use a private mediator, rather than the court mediator. But you must pay the mediator's fee. The fee for court-sponsored mediation is $80 each for two mediation sessions (unless you get a fee waiver). If you live in Southern Maine, you can also choose to mediate outside the court through the Opportunity Alliance located in South Portland. The Opportunity Alliance offers mediation services on a sliding scale fee system and the services are open to anyone who needs them regardless of ability to pay.

You must mediate in "good faith," but you don't have to agree to anything that you believe is wrong or wouldn't work. If the other party has abused you or you are afraid, ask to meet with the mediator alone to tell the mediator that you are afraid. You can ask to be in a separate room from the other party during the mediation.

 

What happens after mediation?

After mediation you have two options:

  • Uncontested Hearing: If you are able to reach a full agreement, write the clerk a letter asking that your case be scheduled for an uncontested hearing to make your divorce final.
  • Pretrial and Contested Hearing: If you were not able to reach a full agreement, write the clerk a letter asking that your case be scheduled for a contested hearing.

Getting a Divorce in Maine Step Seven: The Final Hearing

Getting a Divorce in Maine Step Seven: The Final Hearing admin Thu, 05/21/2020 - 06:16

What if we have an agreement?

If you and your spouse have agreed on all the issues and at least 60 days have passed from the date of service, you can let the Judge know you have an agreement and finalize your divorce that day. This is called an uncontested hearing.

At the hearing, the Judge will ask the Plaintiff to answer a few simple questions, such as:

  • When and where were you married?
  • What is your spouse's/partner's name?
  • Has your marriage been "irretrievably broken?" (You have tried but cannot "save" the marriage.)
  • Can you explain the terms of your agreement? (The judge will have a copy and may read it off to you, asking both of you if it accurately states your agreement.)
  • Do you want the court to issue a final judgment based on your agreement? The court wants to make sure that you willingly agree - that you are not being forced, threatened, or coerced.

After this very short hearing, the Court may sign the Divorce Judgment. The clerk may give you a copy that day, or you may receive it in the mail a few days later. The Order takes effect when the clerk enters it on the "court docket," usually the same day as the Judge signs it.

After the Judge signs the Divorce Judgment, there is a 21-day appeal period (waiting period) to see if you or your ex-spouse will appeal the Judge’s order. If you both are ok with the Judge’s Order you can ask the court clerk for a “waiver of appeal” form. If you both sign it then your divorce will be final on that date.

 

What if we don’t have an agreement?

If you have not agreed on all issues, another step you could take is mediation. If you don’t ask for mediation, the court will set you up for a pre-trial and contested hearing. Learn more about your mediation options below.

Note: If you need an interim hearing (a hearing before the final hearing) to resolve emergency issues, the judge will schedule that next. If you have exhausted your Meditation options, or have decided not to ask for mediation then the Judge may, at this first court meeting, go ahead with the “Pre-trial” step. Read more about this below.  

I have been scheduled for a pre-trial conference. What is that?

As you have seen, the Court does everything it can to try to help you come to an agreement about the terms of your Court Order. But sometimes that just isn't possible. If the Court thinks that you have exhausted all other possible solutions, the Judge will schedule a "pre-trial conference.” Hopefully something will happen during the conference to help you decide your final difficult issues. Failing that, at the conference the Court will issue a "pre-trial order" which includes:

  • The date and time of your final contested hearing
  • Your deadline for telling your spouse what witnesses and documents you will be using at the hearing (if any)
  • A list of the unresolved issues that need to be decided at the hearing

 

I have a contested final hearing. How do I prepare?

The contested final hearing is a formal court hearing (like the interim hearing, if you had one). The Judge listens to both sides, then issues a final order. You may give your own testimony and present witnesses and documents. You may cross-examine your spouse. The court rules of evidence and procedure apply.

The Judge may tell you on the hearing day what the final order will say. Or you may receive it in the mail after it has been drafted and signed. The Order takes effect when the clerk enters it on the "court docket," usually the same day the Judge signs it.

 After the Judge signs the Divorce Judgment, there is a 21-day appeal period (waiting period) to see if you or your ex-spouse will appeal the Judge’s order. If you both are ok with the Judge’s Order you can ask the court clerk for a “waiver of appeal” form. If you both sign it then your divorce will be final on that date.

Watch our Divorce Hearing Videos to prepare for this formal court hearing. NOTE: The situations presented in the videos involve children’s issues, but the same rules of procedure and evidence highlighted in the videos apply in your case.

 

 

Can I appeal if I don't like the result?

The deadline for appealing a Judge's final order to the Law Court is 21 days after the clerk enters the final order on the docket. File any appeal with the District Court clerk. You will probably need a lawyer to help you go forward with an appeal. Although some of the costs can be waived, appeals are expensive.

CAUTION: Generally speaking, the court reviewing an appeal can only overturn "mistakes of law." So, if you think that the Judge has made a legal error, you can appeal that issue. This means that you think the Judge violated an existing law. But, in many cases, you may disagree only with the Judge's "findings of fact." In other words, the Judge based the decisions on someone else's version of the truth, not yours. In that case, the appellate court rarely second-guesses the trial court Judge. It will almost always adopt a trial court's findings of fact (assuming they are based on some real evidence). So, this is not a good reason to appeal. We advise talking to a lawyer, if you can, before investing time and money in an appeal.

 

Conclusion

  • Decide if you should get a lawyer or if it is reasonable and safe to go forward on your own.
  • Read this online guide to learn about the legal process.
  • Get your court forms packet. If you use online forms, you must still purchase the Summons form from the court. The Summons costs $5.
  • Read the court forms instruction sheet.
  • Fill out the forms. Get help if you need it.
  • Serve and file the forms.
  • Prepare for your court meetings and hearings.
  • Go to all scheduled court appearances.
  • Follow the steps and directions you get from the Judge.
  • Look back at this guide and ask for help when you have questions.
  • Take it one step at a time. You can do this!