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DO IT YOURSELF ONLINE DIVORCE IN MAINE

Maine offers a simplified divorce, which is the fastest way to end a marriage. Both spouses mutually agree to end the marriage in an uncontested divorce where both spouses agree that the marriage is broken due to irreconcilable differences, not the fault of either. The action normally takes around 90 days to complete, start to finish.

Grounds for Divorce in Maine

Maine requires the petitioner to list the grounds for divorce in the divorce Complaint. No-fault grounds are irreconcilable marital differences. Fault grounds include adultery, impotence, extreme cruelty, desertion, drug and alcohol abuse, failure of one spouse to support the other adequately, confinement in a mental institution for at least seven years prior to action, and abuse.

A spouse can also file based on irreconcilable differences, and the court can order counseling if the defendant argues against this claim.

Residency Rules for Filing for Divorce in Maine

The plaintiff must have live in Maine for at least six months prior to filing, or the plaintiff has lived in Maine and was married in the state, or the plaintiff lives in the state and the reasons for divorce occurred in Maine, or the defendant lives in the state.

Online Divorce Process in Maine

The plaintiff typically files for divorce in the Maine Superior Court or in the Maine District Court in the county where either spouse lives.

Maine online divorce process The plaintiff serves the defendant divorce papers, including one copy of the Complaint, one copy of the Summons and Preliminary Injunction, one copy of the Child Support Affidavit (if they have minor child(ren)), two copies of the Acknowledgment of Receipt of Summons and Complaint (after completion of the caption), and a stamped, self-addressed envelope. The defendant signs an Acknowledgment of Receipt form showing he or she got the papers, and returns it within 20 days to the court.

The court clerk provides information about fee waivers for an indigent party. The clerk time and date stamps the divorce papers after verifying the information and documents being filed.

The plaintiff serves his or her spouse the divorce papers, which is also called service of process.

If the spouses disagree about spousal support or how to divide the marital estate, each must complete a Financial Disclosure form, which provides the court and the other spouse essential information about finances and is used both in settlement negotiations and guides the court should the case require a hearing or trial regarding financial issues. If either spouse owns real estate, he or she must complete the Certificate Regarding Real Estate (FM-056).

Within two weeks of filing, the Court notifies the spouse of a case management conference at the Court. The parties should read all of the papers from the Court, including Important Information Regarding Case Management Conference outlined what to expect.

In an uncontested divorce in Maine, parents can opt to complete a Certificate in Lieu of Case Management Conference document, and bypass the case management conference. Since they are in agreement, the conference is often not necessary.

The district court can enter a Judgment of Divorce 180 days after the Complaint was filed in a no-fault divorce. In a fault divorce in Maine, the district court cannot enter a final Judgment of Divorce until one year after the Complaint was filed. Here is more information regarding the process of filing uncontested divorce papers in Maine.

The uncontested mutual no-fault divorce is the easiest way and least expensive way to get a divorce in Maine. A divorce hearing cannot take place until at least 60 days from the date that the defendant served with a Summons and Complaint for Divorce. After that, the movement of the action through the courts depends upon whether or not the spouses agree on the issues. Learn the best ways to save money when doing your own divorce in Maine.

Do It Yourself Online Divorce in Maine

Our online divorce makes it easy to file your own divorce in Maine. In as little as 20 minutes you can have all your completed divorce forms and filing instructions ready for signing and filing. Instantly access your completed divorce forms after a short online interview. It is that easy, no lengthy completion or delivery times. See if you qualify below:

Property Division Upon Divorce in Maine

Maine is an equitable distribution state. An equitable division may not necessarily be an equal division. Separate property acquired before the marriage or a debt incurred prior to the marriage is separate as is property acquired after the date of separation or acquired during the marriage but kept separate. Gifts or inheritances are separate property. Separate property is not included in marital property.

The court considers many factors including the length of the marriage, each spouse's contribution to the property and economic circumstances among other things. Property acquired after a legal separation, gifted or inherited property, and any property a spouse may have had provisions for beforehand, is not included.

In the financial disclosure, the same information is generally required of each spouse-- income from all sources, all expenses, a list of all assets and a list of all debts. The listed items should include everything owned jointly with the spouse. It should also indicate all separate property. Financial information is filed with the court and exchanged between spouses.

After the court classifies assets as marital or non-marital, it divides and distributes the marital property equitably and considers the contribution of each partner to the accumulation of the marital property; any dissipation of marital property, if any; both the market value and the sentimental value of the property to be divided; the value of each spouse's separate property; any tax or other economic consequences of the property division; the extent to which an award of property may eliminate the need for alimony; an each spouses overall need for financial security.

As in other jurisdictions, divorcing couples normally sell the marital home and divide the profits, or sell the home to one party and refinance, or the custodial parent occupies the house until the last child leaves school and then they agree to sell it.

The court may include the retirement benefits and plans earned by both spouses as marital assets available for division. Retirement plans are either Defined Contribution Plans (DC), such as a 401(k), or Defined Benefit Plans (DB), which is the company pension. That part of a pension accumulated during a marriage is community property and subject to distribution. When spouses share in each other's pension plan, a Qualified Domestic Relations Order (QDRO) must be prepared. The QDRO spells out the terms and conditions of the pension distribution.

Maine Alimony and Spousal Support

Maine courts grant temporary, short- and long-term alimony. Alimony may be awarded to the spouse with the lower income, or potential for income, so both former spouses can maintain a reasonable standard of living. Normally, alimony is not awarded in marriages of less than 10 years, and may be limited to half the length of the marriage for people married 10 to 20-plus years.

Transitional spousal support may be provided to enable a spouse to adapt to divorce. This is awarded for expenses such as training, education or rehabilitation to secure employment or temporary needs caused by the divorce. Reimbursement support is used to achieve a fair and just division of property when there are exceptional circumstances, such as financial misconduct by one spouse, or significant contributions made by one spouse for the education or career advancement of the other. Interim spousal support is sometimes granted to provide separate support for one spouse while legal proceedings are under way.

Maine Child Custody Orders

In Maine, the court awards custody based on the parents' agreement, unless the best interests of the child require otherwise. When the parents do not agree or if the agreement is not in the best interests of the child, the court awards joint custody, unless clear and convincing evidence shows that the child's best interests is served by sole custody. Factors for determining the child's best interests include a stable environment and the primary caretaker preference. The parent not awarded custody receives reasonable visitation.

In Maine, when the parties agree to share parental rights and responsibilities, the court makes an award absent substantial evidence to the contrary. In making an award, the court applies the best interests of the child standard. The court may not show preference for one parent because of either parent's gender or the child's age and gender. The court may order grandparent or third party visitation.

When a couple seeking divorce has minor children, the court can order an investigation by a third party to gather information about the circumstances of the divorce, the parents and the children. This report goes to the court no later than three days before the hearing. Interested parties can request the testimony of the investigator. The couple incurs costs of all or part of the investigation if for any other reason than suspected abuse or neglect.

Maine Child Support Guidelines

In Maine, child support guidelines are statutory. They are based on the Income Shares Model and are based on gross income of the parents.

In the Income Shares model, a child receives the same proportion of parental income that he or she would have been received if the parents had not divorced because in an intact household, both parents pool their income and spend it for the benefit of all household members, including any children. Income Share considers the gross income of both parents and then establishes the proportion each contributes and divides it among their minor children.

If the noncustodial parent earns more than the custodial parent, the noncustodial parent assumes a higher share of the child's support, but if the noncustodial parent earns less than the custodial parent, he or she pays a smaller share of the support.

Service of Process for a Maine Divorce

The plaintiff/petitioner serves his or her spouse the divorce papers, promptly after filing. The divorce papers are the summons and the complaint, and they are delivered together, but they are not served on Sundays. Service of process can be done in several ways, including first class and certified mail or delivery by the sheriff for fee. The defendant may also waive the service, and simply accept the summons. If the location of the spouse cannot be found after a reasonable search, the plaintiff/petitioner may file for divorce by publishing notice in the newspaper instead.

A Simple Divorce Process
Step 1 See if you qualify & create account!
Step 2 Answer the questions at your own pace.
Step 3 Print, sign and file your divorce forms with your local court (instantly review & print your forms online or have them sent US Priority Mail at no additional charge).

START HERE

Only $299 (flat-fee)

or 2 monthly payments of $157
or 3 monthly payments of $109
or 4 monthly payments of $84
Payment Options Do Not Delay Divorce
Instant Delivery - Instant Changes
100% Guarantee of Court Approval
or Your Money Back
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Disclaimer: This is a quality non-lawyer self-help online divorce solution. The 3StepDivorceTM Documentation software and service is not a substitute for the advice of a lawyer. 3StepDivorce does not practice law and does not give out legal advice. This online divorce software and service allows you to represent yourself in doing your own divorce. If you need or desire legal representation, we recommend that you hire a lawyer. Click here to learn more. There may also be other pro se divorce options available by contacting your court.

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