Maine Divorce Procedures

It is essential to file a complaint for divorce in the Maine District Court or the Maine Superior Court. In case the District Court is chosen, this court should be located in the judicial district wherein one of the divorcing partners resides. If the complaint is filed in the Superior Court, this court should lie in the county in which one of the divorcing partners stays.

Preliminary Injunction in Maine Divorce Procedure

Identical to most of the divorce procedures, the divorce procedure in this state starts with the filing and service of the Complaint and Summons. The difference is that in Maine it is compulsory that a preliminary injunction is essential at the commencement of the divorce action. This injunction is a court order that restricts the divorcing partners from transfer or sale of property. The intention of this injunction is that it serves as a protection for both divorcing partners. There is a sort of binding on the divorcing partners due to the injunction. In a majority of cases, it is essential that the preliminary injunction, summons and complaint are personally served to the Respondent.

Highlights of Maine Divorce Procedure

If the Defendant signs the acceptance of service and this is submitted to the court, it can be said that the Defendant has accepted the service. If the service is done by the Defendant, then it can be done in person or by mail. However, if the Sheriff does the service, then it is the responsibility of the Sheriff to report to the court that the documents have been personally served. In this case, there is no necessity of any signature of the Defendant.

The Complaint consists of the following data.

• Grounds of divorce
• Fundamental information about the marriage and any children resulted due to the marriage

The Defendant is allotted 20 days to make an appearance in the court or file a written answer in the court. Along with the answer, the Defendant has to right to append a counterclaim. The counterclaim can be considered as a complaint for divorce filed the Defendant.

If the divorce case involves children, then, in the first month of the case, the divorcing partners have to arrange a meeting with the CMO (Case Management Officer). The intention of the CMO is to ensure that a Temporary Order has been set. If the divorcing partners agree with each other regarding this Order, then, setting this Order is done at the first conference. In case there is disagreement between the partners, then, a hearing date is planned. Moreover, if a hearing is inevitable, then, the divorce partners must remain present at mediation.

The marital affairs of the divorcing partners till the culmination of the divorce are decided by the temporary court order. This order deals with the following points.

• Responsibilities of the lawyer's fees
• Responsibilities for children under the age of 18 and parental rights
• Alimony
• Temporary Support
• Responsibility of debts and marital bills
• Use of marital home

Divorce Papers