What is the process of filing for a no-fault divorce in Maine?

What is the process of filing for a no-fault divorce in Maine?

In the state of Maine, couples can file for a no-fault divorce, which means that neither spouse is required to prove that the other spouse is at fault for the breakdown of the marriage. This type of divorce is often less contentious and can be completed more quickly than a fault-based divorce. In this guide, we will walk you through the steps to file for a no-fault divorce in Maine.

Step 1: Meet the Residency Requirements

In Maine, one of the spouses must have been a resident of the state for at least six months before filing for divorce. This means that one of you must have lived in Maine for at least six months before filing for divorce.

Step 2: File the Petition for Divorce

To file for a no-fault divorce in Maine, you will need to complete a Petition for Divorce form, which is available from the Maine Judicial Branch website. You will need to provide your name, address, and other identifying information, as well as the reason for the divorce (which in this case is that the marriage has broken down irretrievably).

Step 3: Serve the Petition on Your Spouse

Once you have filed the Petition for Divorce, you will need to serve it on your spouse. This means that you will need to give your spouse a copy of the petition and a summons, which is a document that informs your spouse of the divorce proceedings. You can serve the petition on your spouse yourself, or you can hire a process server to do it for you.

Step 4: Wait for the 60-Day Period

After you have served the petition on your spouse, you will need to wait for a period of 60 days before the divorce can be finalized. This is known as the "cooling-off period." During this time, your spouse has the opportunity to respond to the petition and to request a hearing.

Step 5: Attend a Hearing (if necessary)

If your spouse responds to the petition and requests a hearing, you will need to attend a hearing in front of a judge. At the hearing, you will need to present evidence to support your claim for divorce, and your spouse will have the opportunity to present evidence in opposition to your claim.

Step 6: Finalize the Divorce

After the 60-day period has passed, and if no hearing is necessary, you can finalize the divorce by filing a Final Judgment of Divorce with the court. This document will officially end your marriage and will outline the terms of your divorce, including issues such as property division, child custody, and spousal support.

Additional Considerations

When filing for a no-fault divorce in Maine, there are several additional considerations to keep in mind. For example, you will need to provide proof of service to the court, and you will need to file a financial affidavit with the court. You may also need to attend a mediation session before the divorce can be finalized.

Conclusion

Filing for a no-fault divorce in Maine can be a complex and time-consuming process. However, by following the steps outlined in this guide, you can ensure that your divorce is completed quickly and efficiently. Remember to consult with an attorney if you have any questions or concerns about the process.