Maine Divorce Laws- Frequently Asked Questions |
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1. How long it takes to get divorced in Maine?
The whole Maine divorce process takes about six months after filing a petition in the court for a divorce. Contested divorces may take longer. |
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2. What kinds of issues a divorce may bring?
Following are the issues which must be resolved in order to get a Maine divorce:
- Property division
- Parental rights and responsibilities
- Spousal support
- Distribution of assets and liabilities
- Lawyer's fee
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3. Can I represent myself in the court?
Maine divorce laws give you the right to represent yourself in the court. But if you are unfamiliar with the court proceedings or if the divorce is contested, then it is recommended to acquire the services of a divorce lawyer, because a divorce lawyer is well versed when it comes to court's proceedings and intricacies of divorce laws. |
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4. What is marital property?
Marital property is the assets acquired by either of the spouses during the marriage. Gift items and property purchased after a legal separation will not be included in the marital property. |
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5. What are the residency restrictions for a Maine divorce?
Under Maine divorce laws, at least one of the spouses must be a legal resident of Maine to file a divorce and the minimum residency period for a Maine divorce is 6 months. |
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6. How is property divided in Maine?
Maine is an equitable distribution state and due to this the marital property is divided among the parties in an equal or specified proportion. However the property purchased separately by a spouse during or after the marriage will not be divided. |
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| 7. Do mothers get preference when it comes to settling child custody issue?
Maine divorce laws take in account child's best interests when settling child custody issue. Gender of a parent is not the deciding factor. |
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8. What is joint and sole custody?
The court considers many factors like, age of the child, motivation of the parties or love and affection in declaring the child custody. The Maine divorce court grants two types of custodies i.e. sole custody and joint custody. In sole custody, only one spouse has the custody of the child while the other one is granted only the visitation rights. Whereas joint custody is one in which both the spouses will be responsible for making decisions about the education, health and other necessities of the child. |
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9. What are the factors taken in account for deciding alimony?
Maine divorce laws require divorce courts to take in account following factors when deciding alimony:
- Age of both the parties
- Earning capacity
- Length of marriage
- Employment history
- Education and training of the spouses.
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10. Me and my spouse both lives in Maine, can we hire the same divorce lawyer?
Under Maine divorce laws, one divorce lawyer can represent only one spouse at a time in the court. |
