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Online Divorce in Maine

Residents of Maine looking for inexpensive and quick divorce papers preparation can use services offered by online divorce companies. DivorceOnline provides reliable tools to generate ready-to-sign divorce papers for a very affordable price in no time.

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Uncontested Divorce in Maine

In Maine, all divorcing couples have the opportunity to apply for either contested or uncontested divorce. Let's take a look at the main differences between these options.

  • If partners fail to agree on at least one divorce-related issue, such as child custody, spousal support, division of marital property, and so on, they will have to go through a contested divorce. In this case, spouses have to attend a series of court appearances to sort the issues out, which is why contested divorce takes a vast amount of time and money.
  • If the couple agrees on all terms of the divorce and submits a marital settlement agreement, they can apply for an uncontested divorce. The main benefits of this type of divorce are reduced costs, less conflict, and a high level of control over the divorce process.

Get Your Divorce Forms Completed Online

Thanks to the advancement of Internet technologies, divorcing couples currently can prepare divorce paperwork online from the comfort of their homes. For example, with the help of DivorceOnline, spouses have the opportunity to get first-class assistance in selecting and filling out up-to-date divorce forms that comply with local laws and requirements.

All you have to do is dedicate some time to completing a simple marriage-related questionnaire on our website and follow further instructions. Within two business days, our clients can download a set of completed divorce papers along with a step-by-step filing guide.

At the same time, keep in mind that only couples going through an uncontested divorce can use online divorce services. If there are any ongoing disputes between partners, they will need to hire a well-experienced lawyer to protect their interests in court.

Steps for Filing a Divorce in Maine

Each uncontested divorce case is based on several essential steps that should be followed by all divorcing couples.

In order to initiate the divorce process in this state, at least one of the requirements below must be fulfilled:

  • The person applying for a divorce (the plaintiff) has been a legal resident of the state for at least six months before the divorce case is started.
  • The plaintiff is a resident of Maine, and the marriage occurred within the state.
  • At least one of the spouses lived in the state when the cause of the divorce occurred, and the plaintiff is currently a resident of Maine.
  • The defendant is a resident of Maine.

In Maine, spouses can file for a divorce based on no-fault or fault-based grounds.

To obtain a no-fault divorce, it is enough to testify that "irreconcilable marital differences" exist in the marriage. In other words, spouses no longer get along, and there's no reasonable prospect of that changing.

Besides, residents of Maine can apply for a fault-based divorce. The grounds for divorce that qualify as fault-based are as follows:

  • adultery
  • impotence
  • extreme cruelty
  • continued desertion for a minimum of three consecutive years prior to applying for marriage dissolution
  • intoxication habits, such as alcohol or drug abuse
  • neglect to provide appropriate support despite having the ability to do so
  • cruel and abusive treatment
  • a determination by a judge that one of the spouses is an incapacitated person for whom a guardian with full powers has been appointed.

To initiate the divorce process, the plaintiff should prepare and file divorce forms with the district court.

Divorce papers in Maine

Required divorce documents differ from case to case depending on personal circumstances and the county where divorce paperwork is submitted. The main list of documents includes:

  • Divorce Complaint w/ or w/o with Children
  • Family Matter Summary Sheet
  • Summons
  • Acknowledge of Service - Summons & Complaint form
  • Answer and Counterclaim for Divorce form
  • Child Support Affidavit
  • Answer and Counterclaim for Divorce
  • Federal Affidavit
  • Financial Statement
  • Certificate Regarding Real Estate

The plaintiff should contact the local court clerk to determine the exact divorce forms needed for a particular case. If the filing spouse uses online divorce services, the company will provide instructions on selecting up-to-date papers necessary to start the uncontested divorce process.

Filing fees

Each couple applying for a divorce is required to release a mandatory court payment. Even though the amount varies by type of case and type of court, the average filing fee for spouses living in Maine is around $120. The refusal to release this payment without probable cause will most likely result in a divorce case being dismissed.

Waiting period

Under Maine law, all divorcing couples are required to go through a mandatory 60-day waiting period that starts from the day of filing appropriate divorce forms.

Once divorce paperwork is filed with the local county court, the plaintiff should inform the defendant that legal action has been taken against them. Currently, it can be done in one of the following ways:

  • By bringing copies of Maine divorce forms to the soon-to-be former spouse directly;
  • By hiring a sheriff's deputy; or
  • By certified mail.

If the couple meets legal divorce requirements, the judge will issue a divorce decree during the final hearing, also known as a final judgment or a judgment of divorce. This document formally ends the marriage and determines the rights and responsibilities of the parties going forward.

Getting a Divorce With Children

When a minor child's parents decide to divorce, they should determine child custody. At the same time, divorcing spouses often fail to agree on a custody arrangement that meets all parties' expectations. And this is when the district court will need to take part in decisions regarding the child's wellbeing.

Presently, Maine courts don't use the term "custody" when dealing with a parent's rights concerning minor children. This state accepts the terms "parental rights and responsibilities" (legal custody) and "physical residence" (physical custody).

Parental rights and responsibilities can be defined as the authority to make long-term decisions about key aspects of the child's welfare, including education, medical treatment, and social life. Physical residence is the term used to describe a parent's right to have the child reside with them.

There are three ways for the Maine district court to divide parenting rights and responsibilities:

  • shared rights
  • allocated, and
  • sole.

Even though the judge usually awards shared parental rights, there are some exceptions. For example, the court will most likely award one parent sole rights and responsibilities if the other parent is violent or aggressive towards others.

In general, to determine custody in the child's best interests, the judge typically considers the following factors:

  • the child's age and personal preferences
  • the child's relationships with each parent and other family members
  • each parent's level of income
  • each parent's physical and mental health
  • the stability of any proposed living arrangements

In terms of child support, Maine follows the "Income Shares Model." This formula approximates the amount of money the parents would spend on a child per month if they were not divorced. Then, parental income is split proportionately between the non-custodial and custodial parent. To estimate the child support obligation, parents can complete the Schedule of Basic Child Support Obligation available on the website of the Maine Judicial Branch.

Filing for Divorce in Maine Without a Lawyer

Each Maine resident can file for an uncontested divorce without the aid of an attorney. However, before a person commences a do-it-yourself (DIY) divorce, it is important to check if:

  • both partners are in full agreement on all divorce issues
  • both spouses believe that the settlement agreement is fair and reasonable

If the couple can't resolve at least one aspect of their divorce independently, they may use the help provided by a mediator. By offering creative approaches and maintaining an unbiased perspective, mediators can successfully guide the parties toward their own resolution.

Do-It-Yourself Divorce in Maine

If both parties have agreed to an uncontested divorce, they can end their marriage using a DIY option. A DIY divorce refers to the procedure of preparing Maine divorce forms with limited legal advice or without any at all.

Simultaneously, spouses should have a solid legal background to complete divorce papers. If the person is not proficient in Family Law, they can still use a DIY method, such as online divorce assistance.

Using an online divorce service, divorcing spouses can save money and time while generating up-to-date Maine divorce forms that comply with local laws and requirements.

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Frequently Asked Questions:

On average, the whole uncontested divorce process takes around 3-4 months in Maine. In contrast, contested cases can take over a year due to various issues that should be resolved in court.

In addition to filing fees (around $120), divorcing spouses usually spend money on attorney's services or services offered by online providers. If the couple hires a divorce lawyer, they will be charged around $230 per hour. In contrast, online divorce services in Maine will cost around $139-400.

Thus, the final cost of an uncontested divorce varies from case to case.

To get a free divorce in Maine, the couple should use a DIY method and ask the court to waive the filing fees. Divorcing spouses will need to fill out two court forms:

  • CV-067 Application to Proceed Without Payment of Fees
  • CV-191 Supporting Affidavit

If they manage to prove that paying the filing fee is a considerable financial hardship, the judge will waive this payment.

Depending on personal circumstances and the county, required divorce documents may differ from case to case. Currently, the list of appropriate papers includes but is not limited to:

  • Family Matter Summary Sheet
  • SS Disclosure Form
  • Divorce Complaint with Children
  • Acknowledge of Service - Summons & Complaint
  • Child Support Affidavit
  • Answer and Counterclaim for Divorce
  • Divorce Complaint without Children
  • Federal Affidavit
  • Cert in Lieu of Financial Statement
  • Financial Statement
  • Certificate Regarding Real Estate