Uncontested Divorce in Maine

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Maine, located in the northeastern part of the US, has laid down laws pertaining to uncontested divorces. Those who are considering or undergoing an uncontested divorce in Maine should take some efforts to know the process in brief. An uncontested case is a simplified form of a divorce where separating couples discuss the ongoing issues with each other, take the help of an attorney, if required, and reach to a mutual agreement which is reviewed by the court.

While going through a complicated process like divorce, couples may seek the help of their people who have experienced the same, take the advice of an attorney or do some study on their own. Some key points of an uncontested case in Maine are provided here:

Residency Requirements and Venue

In order to file for an uncontested case, anyone of the spouses needs to be a resident of this state or the grounds for the divorce must have occurred in this state. Otherwise the Plaintiff needs to reside in this state for a period of six months before filing.

The venue for filing the action is the District Court of the county or the Superior Court.

Grounds for Uncontested Divorce

The common grounds include:

  • Desertion of one spouse by the other for 3 years
  • Impotence
  • Nonsupport- it means a partner is capable of providing spousal support, but willingly and cruelly neglects to provide support to the complaining partner.
  • Drug addiction or alcoholism
  • Adultery
  • Cruel or inhuman treatment
  • Confinement for incurable mental illness (insanity) for a period of 7 years

Fault grounds include irreconcilable differences between the two partners.

Important Paperwork to be done

Forms regarding Uncontested Divorce in Maine involving no children

Every separating parent wishes that the children should not face the emotional turmoil of divorce. In a way, children form a significant aspect of the whole process. In case of uncontested cases, special forms have been developed for those divorces involving children and the ones with no children.

The Plaintiff has to file the following forms:

  • Financial Statement (FM-043): Both the divorcing parties fill in this document and it comprises of financial details of both parties. If there is any disagreement between the divorcing partners regarding distribution and division of marital estate or alimony, then this form is used.
  • Certificate regarding Real Estate (CV-056): This document is to be completed if either divorcing partner owns real estate. The use of doing so is that the title of the land after the divorce is clarified.
  • Federal Affidavit (FM-052): This document must be filed if the Defendant fails to enter an appearance or file an Answer. The form attests that the Defendant is not a military personnel and is not safeguarded by the Service members Civil Relief Act.
  • Acknowledgement of Receipt of Summons and Complaint of Post-Judgment Motion (CV-036): This recognizes that the Defendant has received the service. It also confirms that the Defendant will take part in the case.
  • A Family Matter Summons and Preliminary Injunction (CV-038): This document has the following aspects:
    • It has to be procured at the time of filing
    • It intimates the Defendant that the action has been initiated.
    • It instructs the Defendant not to dissipate marital assets.
    • It offers the Defendant 20 days to file an Answer.
  • Complaint for Divorce (no minor children) (FM-005): This mentions the ground for action and the kind of relief sought.
  • Confidential Family Matter Sheet (FM-002): This document identifies the parties and the sort of action.

Forms regarding Uncontested Divorce in Maine involving children

The Plaintiff has to file the following forms:

  • Child Support Affidavit (FM-050): The terms and conditions of child support are mentioned in this document.
  • Child Support Worksheet (FM-040): This document comprises of the calculations that lead to the determination of child support.
  • Complaint for Divorce (with children) (FM-004)

When the Defendant receives the necessary papers, he or she may file the below mentioned documents:

  • An Answer and Counterclaim for Divorce: Using this document, the Defendant accedes to or disagrees with the allegations included in the Complaint.
  • Entry of an Appearance (FM-020): The Defendant mentions his or her claims regarding the following:
    • Distribution of marital property
    • Attorney's fees
    • Child Support
    • Alimony
    • Parental rights and responsibilities
  • Certificate in Lieu of Financial Statement (FM-042): This document is filled when there is no quarrel regarding the marital estate. The document attests the following:
    • None of the divorcing partners are trying for alimony or attorney's fees.
    • None of the divorcing partners owns real estate.
    • The personal property has been distributed and both divorcing partners are satisfied by the distribution.
    • The action may proceed along an uncontested path.

A couple undergoing an uncontested divorce in Maine should cooperate with each other, carefully complete all the paperwork, follow the legal procedures, and only then can expect to obtain a smooth divorce.

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