Many people do not hire lawyers when getting divorced.
Divorce – Separation Agreements – Maine
However, if you are able, you may want to talk to a lawyer about the divorce process. For more information on the procedural steps, court forms you will need, and how your case will proceed through the court, see the Court Process in a Family Matters Case page.
Divorce Divorce is the legal process of ending a marriage. The Family Law Magistrate has the power to decide all issues that need to be addressed immediately before the final divorce judgment is issued but the parties do have the right to request that a Judge make all the decisions in the case.
Maine Divorce Laws
Normally, however, the Family Law Magistrate will supervise the case as it makes its way through the Court and can grant a final divorce if the parties are in full agreement. A unique feature of Maine divorce law is that if the parties have children under 18 they are required to participate in mediation if they are unable to reach a complete settlement of the case. If there are no minor children involved, mediation may still be held if both parties agree to attend or if it is ordered by the Judge.
Mediation is informal in the sense that the parties, their attorneys if any , and a mediator meet in private conference rooms, without the customary Court rules regarding evidence and courtroom procedure.
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The mediators are hired by the Courts and have received training in getting people to compromise and resolve disputes. They cannot provide legal advice; the mediators try to assist the parties to reach reasonable agreements regarding the issues of the divorce. Sometimes the parties are all in the same room during mediation, other times they remain in separate rooms with the mediator going back and forth. The parties get to decide this based on their level of comfort.
Methods of Payment and Limitations
Some mediators want the parties to sit down together but the parties have the right to refuse. Often mediation is successful in bringing about partial or even complete agreements. However, the parties are under no obligation to agree to anything. A mediation session is usually required before the Court will conduct a hearing on a request for an interim order. Additional forms will be required as the divorce proceeding works its way through the system. You will need to stay in touch with the County Clerk to ensure no deadlines are missed.
Completing your Divorce The divorce will need to be scheduled for a hearing once the initial forms are filed. If the divorce is not contested the parties can ask for an uncontested divorce hearing.
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Mediation is required if the parties are not able to reach an agreement. If an agreement is not reached through mediation a Pre-Trial Conference must be held to determine the length of the court trial.
If children are involved in the divorce a Case Management Conference is required unless the parties agree on temporary arrangements for the children. If the parents agree on temporary arrangement a Certificate in Lieu of Case Management Conference can be filed. Additional Assistance You can use Rocket Lawyer to Find a Lawyer in your area who can provide you with further assistance in completing your divorce.
How to File a Divorce in Maine | taira-kousan.com
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