Maine No Fault Divorce

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A no fault process is justifiable only if suitable grounds are provided by either of two divorcing parties. Similarly, the Maine no fault divorce process first demands specific grounds as per the state laws before granting permission to the spouses. The divorcing partner who files the petition is referred to as the plaintiff. The other divorcing partner, who is served the legal papers, is called as the defendant. The plaintiff formally serves the divorce papers to the defendant. The petition is also called as a Complaint for Divorce. Here we are listing all relevant points to be considered during no fault case in Maine.

Grounds for Maine no fault divorce

In this sort of case, the divorcing partner, who files the petition, need not to submit evidence that the other divorcing partner has done something wrong in the marital life. It is enough to state that the marriage has been irretrievably broken. The reason for this may be incompatibility of temperament or irreconcilable differences. The court must be convinced that attempts to restore the marriage would not help the couple in the long run.

Residency requirements

One of the following requirements must be fulfilled.

  • Either of two divorcing partners, who has filed for divorce, must be a resident of this state for six months
  • The divorcing partner, who is served the documents , should be a resident of this state, or
  • Both the spouses are currently staying in the state, or marriage has taken place in Maine
  • Most importantly, either of two partners must complete the definite residency period, which is six months, before filing complaint in the court

Essential forms associated with Maine no fault divorce

A definite set of documents is required to be fulfilled while filing a case in Maine. Here we are listing all major forms:

  • Complaint for divorce: This particular form is mainly filed at the time when a petition is filed in the court. Therefore, all crucial details such as, crucial grounds etc, should be positively fulfilled through this document.
  • Form including details of social security number: The details meeting all information such as social security number of both the parties, is one of the major requirements.
  • Family matter summons and preliminary injunction: This particular form is mainly generated by the clerk office in response to the petition filed by either of two partners.
  • Summary sheet highlighting family matters: A document highlighting all prior details related to family such as, name of both the divorcing individuals, number of children etc, are supposed to be provided at the time of no fault divorce case.
  • Proof of service

Types of Spousal Support

Before granting no fault divorce in Maine, several crucial issues are resolved with or without the involvement of legal proceedings. Like the financial support provided to either of two partners is such an issue that positively requires the final approval from the court house. There are some specific types of spousal support that are listed below:

General spousal support

One divorcing partner is given education or job training in order to restart their professional career. In this way, attempts are made to make this partner self sufficient in his or her life. As a result spousal support can greatly contribute in this condition.

Temporary spousal support

One divorced partner is given education or job training for reentry into the workforce. In this way, attempts are made to make this divorced partner self sufficient.

Reimbursement Support

This is provided if one of the following two conditions exist.

  • During the marital life, one of the partners has dissipated the marital property
  • With the aim of enhancing the career of one divorced partner, the other divorced partner has provided significant financial support during the marital life so that the former gets through the school or makes a successful career

Points to remember

  • The District Court in the county wherein either divorcing partner lives, is the venue for filing the papers
  • In case of all legal cases, a final hearing is essential for final settlement of marital issues in presence of both the parties
  • The final hearing session can only be decided after completion of waiting period that is of around sixty days
  • In this state, any compulsory separation period has not been mentioned in the statutes
  • Consider that one divorcing partner has applied for the case on no fault grounds and the other divorcing partner disagrees. In such a case, the court reserves the right to authorize both the divorcing partners to attend counseling

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