Divorce Law in Portland, ME

Divorce Law refers to the legal termination of a marriage and often involves working through several complicated issues. Are you facing a costly divorce in Portland, Maine? Does your estranged spouse have an attorney? Usually, couples going through a divorce are unable to compromise on most items and reach an agreement on their own. Thus, many couples go through mediation or the court system to resolve their case.

Issues Involved in Portland, Maine Divorce Law

There are many complicated issues that you need to settle during the divorce process. Many of these elicit strong emotions from one party or the other, resulting in volatility.

Dividing Property

Dividing property, debts, and assets during a divorce can be one of the most complex aspects of the legal process. In states like Maine, most items acquired during the marriage, including real estate, bank accounts, vehicles, and stocks, are subject to division. This means that both spouses must disclose their financial assets and liabilities, which can include both tangible and intangible property.

While some states follow a strict 50/50 rule when dividing marital property, others use an equitable distribution method. In an equitable distribution, the court assesses each spouse’s contribution to the marriage, both financial and non-financial, and uses that information to determine a fair division. This does not always result in an equal split of property and debts, but rather one that reflects fairness based on the circumstances of the marriage.

Child Support

Child support is an essential component in divorce cases involving children. Both parents share the responsibility for supporting their child financially. The amount each parent contributes is generally determined by a guideline that considers both their income levels and the amount of time each parent spends with the children. The funds are meant to cover essential needs, such as healthcare, food, clothing, and other necessary living expenses.

Maine Courts use specific factors to determine child support obligations. These include the age of the child, the income of both parents and other factors like outstanding debts and access to investments. In Portland, parents can make child support payments online or via mail to Child Support Services, which manages the collection and distribution process.

DHHS has several enforcement methods in place to ensure that child support is paid promptly. These can include income withholding, placing liens on property, intercepting tax refunds and lottery winnings, and even suspending the delinquent parent’s driver’s license. If a parent continues to refuse payment, the court can find them in contempt, which can lead to fines or jail time, ensuring that the financial needs of the children are met.

Alimony

Alimony, or spousal support, can vary dramatically depending on the marriage, and Portland, ME divorce law court looks at multiple factors when determining the amount and length of alimony, including:

A spouse’s need and the other spouse’s ability to pay
The age and health of each spouse
The length of the marriage
Each spouse’s earning capacity and level of education
The division of property
Parental responsibility of the children
Sole investments and assets of either spouse

Maine Statutes allow five types of alimony in Portland: interim, general, transitional, reimbursement, and nominal. The judge may award interim support during the divorce action.

General support is typically awarded in marriages longer than 10 years. Transitional support is awarded to help one spouse reenter the workforce. Reimbursement support can be awarded to help equalize the spouses’ finances if there are exceptional circumstances. Finally, the judge may grant nominal support, which gives the judge the right to revisit the question of spousal support in the future.

Child Custody and Visitation

Child custody is perhaps the most emotional issue during a divorce that involves children. The most important thing to keep in mind is that the court bases all decisions on what is in the best interest of the child. Keeping this in mind may help navigate the rough waters of custody.

Maine Statutes lay out all the factors that are considered when determining the best interests of the child in Portland. The primary consideration is the safety and well-being of the child. Other factors include the child’s age, the child’s preference, and the child’s adjustment to home, school, and community. Additionally, any history of domestic violence or substance abuse is weighed heavily. Overall, Maine favors mediated resolution between parents as well as providing the child with continuing contact with both parents.

Generally, Portland, Maine courts award joint legal custody giving both parents the legal right to make decisions for the children, such as education, medical care, and religious practices. Legal custody has nothing to do with physical custody or visitation. Joint custody does not mean both parents split time with the child evenly, just as Sole legal custody does not bar the non-custodial parent from visiting the child.

The Process of Going Through Divorce Law in Portland, Maine

Are you leaning towards getting a divorce from your partner? If so, it is important to understand the necessary steps of the divorce law process.

Step 1: File the Divorce Law Petition

The divorce law process begins when one spouse files a legal petition to terminate the marriage. The petition must include:

A legal reason for divorce (grounds for divorce)
A statement that shows at least one spouse meets the state’s residency requirements for divorce
Other statutory information your state requires

Most states offer the option for filing a no-fault divorce, which does not require a legal reason for the divorce.

You can obtain a no-fault divorce in Portland if “irreconcilable differences” is listed as the cause of the divorce.

Step 2: Request Temporary Orders

The divorce law process in Portland can take several months, but temporary orders can be requested and approved for a multitude of reasons, including:

Child custody
Child support
Spousal support
Property restraining orders
Status quo orders

Request temporary orders as quickly as possible so you are not absent the resources or protection that you need.

Step 3: Serve Your Spouse and Wait for Their Response

If you are the one who files a divorce petition, you must have your spouse served with their divorce law papers and then file a proof of service with the courts. If your spouse accepts the service, then they need to fill out an affidavit to that effect. However, in many cases, the petitioner must hire a process server or sheriff to formally serve the petition on the other spouse. It is this third party who then records the proof of service.

Step 4: Try To Come to an Agreement

The best outcome for anyone going through this process is to have an uncontested divorce, meaning both spouses agree on all issues.

This can be reached between both partners or with the help of a mediator. Not only will this save each spouse money, but there will typically be a lot less animosity.

Step 5: Go To Court

If you and your spouse are unable to reach an agreement, then the case continues before a Portland, ME judge. While there is some benefit to having a judge hand down orders, it may also be a detriment as there is little to no control of the agreement by the parties.

In Maine, the Family Division of the District Court handles a variety of cases involving families, including divorce. If you live in Portland, you will typically file for divorce with the Portland District Court.

Step 6: Receive the Judgement of Divorce

The divorce law trial will end with the official judgment of divorce, ending the marriage. This final dissolution of marriage sets out the details about property and debt division, child custody, and all relevant issues between the couple.

Work With an Experienced Portland, Maine Divorce Law Attorney

If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced Portland divorce law attorney. A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across Maine state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.