{"id":1512,"date":"2021-09-04T17:01:38","date_gmt":"2021-09-04T21:01:38","guid":{"rendered":"https:\/\/divorceanswers.com\/?p=1512"},"modified":"2022-07-28T09:52:29","modified_gmt":"2022-07-28T14:52:29","slug":"divorce-in-maine","status":"publish","type":"post","link":"https:\/\/divorceanswers.com\/divorce-in-maine\/","title":{"rendered":"Your Complete Guide to Getting a Divorce in Maine"},"content":{"rendered":"\n

What We Cover In This Article<\/strong><\/p>\n

Divorce Laws<\/a> | Residency Requirements<\/a> | Grounds for Divorce<\/a> | Divorce Attorney<\/a> | Filing for Divorce<\/a> | Online Divorce<\/a> | How Long?<\/a> | Divorce Costs<\/a> | Custody<\/a> | Child Support<\/a> | Alimony<\/a> | Division of Asset<\/a> | Common-Law Marriage<\/a> | Alternatives<\/a><\/p>\n \n\n\n\n\n\n\n\n

No matter what, going through a divorce is difficult, confusing, and emotional.<\/p>\n\n\n\n

However, navigating the divorce process in Maine without a proper understanding of the relevant laws and the options available to you makes an already complex process even more challenging.<\/p>\n\n\n\n

Getting a divorce in Maine isn\u2019t unlike getting a divorce elsewhere in the United States, but there are some specific Maine laws that future divorcees must consider before beginning the divorce process.<\/p>\n\n\n\n

In Maine, you can get divorced in either contested or uncontested hearings.<\/p>\n\n\n\n

In most cases, uncontested hearings are the ideal option but not everyone will qualify.<\/p>\n\n\n\n

Divorcing spouses should always consider using attorneys (but they won\u2019t always need them, and Maine does not require plaintiffs and defendants to be represented) to help them navigate the filing and hearing procedures in the state\u2019s court system.<\/p>\n\n\n\n

Spouses should make considerations for child custody, spousal support, and child support, and should explore their options for financial separation from each other.<\/p>\n\n\n\n

Additionally, there are alternative legal options for couples who don\u2019t think a divorce is the best course of action to achieve reconciliation in their relationship.<\/p>\n\n\n\n

This guide will help potential divorcees navigate the court system and successfully navigate through getting a divorce in Maine.<\/p>\n\n\n\n

Types of Divorce Laws in Maine<\/h2>\n\n\n\n

In Maine, spouses can proceed with their divorce via two major routes: contested divorces and uncontested divorces.<\/p>\n\n\n\n

The decision to proceed with either type of divorce is largely contingent upon the spouses\u2019 amicability throughout the process, and whether or not they can come to an agreement about the terms of the separation without a judge\u2019s or magistrate\u2019s involvement.<\/p>\n\n\n\n

Ideally, spouses will be able to come to agreeable terms without needing a contested hearing.<\/p>\n\n\n\n

Which is a fancy way of saying going to court and having the legal system decide the terms of your divorce.<\/p>\n\n\n\n

An uncontested divorce also significantly accelerates the timeline for divorce proceedings, and if spouses choose to be represented by attorneys, they\u2019ll save money on representation.<\/p>\n\n\n\n

However, contested hearings are unavoidable in some cases.<\/p>\n\n\n\n

You should be able to get an idea how amicable your spouse will be when you asked for a divorce<\/a> and how the communications has been since then.<\/p>\n\n\n\n

Below we will break down the differences between contested and uncontested divorces in Maine.<\/p>\n\n\n\n

Contested Divorce<\/h3>\n\n\n\n

A contested divorce<\/a> (the less than ideal option for spouses getting a divorce in Maine) occurs when spouses cannot come to a full agreement during the Case Management Conference or Pre-Trial Conference.<\/p>\n\n\n\n

The Pre-Trial Conference<\/a> (or Case Management Conference, if the divorce case involves minor children) is led by a judge (or magistrate, if a Case Management Conference is required) and takes place after the following steps have been completed:<\/p>\n\n\n\n

  1. Spouses gather the information needed to fill out court forms<\/li>
  2. Spouses fill out the required forms that need to be filed to initiate the court process<\/li>
  3. One spouse serves these forms to the other (the serving party is the plaintiff<\/a>, while the other party is the defendant<\/a>)<\/li>
  4. The plaintiff files the court forms, along with proof that the defendant has been served, to the court<\/li><\/ol>\n\n\n\n

    The steps before the Pre-Trial Conference or Case Management Conference will be covered in detail later, but these steps will likely inform a couple\u2019s decision (or necessity) to proceed with a contested or uncontested divorce.<\/p>\n\n\n\n

    If both parties are in full agreement about the terms of the separation at the time of the Pre-Trial Conference or Case Management Conference, the judge present during the conference may conduct a final uncontested hearing<\/a> before the conference adjourns.<\/p>\n\n\n\n

    If both parties are not in full agreement, the spouses will proceed to the next steps: mediation<\/a> and, if necessary, a contested hearing<\/a>.<\/p>\n\n\n\n

    Mediation<\/h4>\n\n\n\n

    During mediation, a trained professional assigned by the court will allow both parties to speak their piece (without showing favor to either side) and assist the spouses in coming to an amicable, complete agreement on the terms of their divorce.<\/p>\n\n\n\n

    In most cases involving minor children<\/a>, mediation is required.<\/p>\n\n\n\n

    In cases of domestic violence<\/a>, or if an active Protection from Abuse<\/a> order or case is at play between the divorcing parties, the court may decide to forgo the mediation phase for the parties\u2019 protection.<\/p>\n\n\n\n

    If the court determines that mediation is required, the parties can meet with the mediator separately to determine whether or not both parties agree to the terms of the divorce.<\/p>\n\n\n\n

    If both parties can come to a full agreement during the mediation process, the court will hold an uncontested final hearing<\/a> to conclude the divorce process and ensure that both parties understand the final agreement.<\/p>\n\n\n\n

    If both parties cannot agree during mediation, the case will proceed to a contested hearing.<\/p>\n\n\n\n

    The Contested Hearing<\/h4>\n\n\n\n

    During a contested hearing, a judge is present to make some decisions for the divorcing couple.<\/p>\n\n\n\n

    In the case that the only disagreement after the mediation process is about child support, the contested hearing may be conducted in front of a magistrate<\/a>.<\/p>\n\n\n\n

    A judge will only discuss and resolve the issues about which the parties are not in full agreement at the time of the contested hearing.<\/p>\n\n\n\n

    For instance, if the parties have agreed on the child support arrangement, but haven\u2019t agreed to a custody arrangement and the division of assets, only custody and assets will be discussed during the contested hearing, and both parties will simply confirm that they\u2019ve already agreed to the child support terms.<\/p>\n\n\n\n

    Each party or their legal counsel will be able to provide evidence and call witnesses as needed during a contested hearing.<\/p>\n\n\n\n

    These will inform the judge\u2019s decision-making during the case.<\/p>\n\n\n\n

    After the contested hearing, the judge will issue a final, legally binding order<\/a> to complete the divorce process.<\/p>\n\n\n\n

    After a contested hearing, a judge may also take the case \u201cunder advisement,\u201d<\/a> giving them more time to decide the final order.<\/p>\n\n\n\n

    If a case is taken under advisement, the judge may perform additional legal research, and the final order will be issued to both parties by mail.<\/p>\n\n\n\n

    Advantages to Contested Divorces<\/h4>\n\n\n\n

    The pros of the contested divorce process include:<\/p>\n\n\n\n