Do It Yourself Divorce in Maine

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    Obtain and Fill out Court Forms

    • 1). Obtain the proper court forms. Ask the clerk in your county's district court for them or get them off the Internet. There are separate forms for married couples with children and those without. One form, the Family Matter Summons and Preliminary Injunction, is not available online and must be obtained from the court.

    • 2). Complete the forms. You must provide basic information about yourself, your spouse, your children, your income, jointly owned property and a reason for divorce. There are detailed instructions included within the packet of forms. Follow these carefully.

    • 3). Ask for help if you are unable to complete the court forms on your own. There are organizations that, in some instances, provide legal assistance free of charge. Make two copies of each form. The original will be filed with the court, the second will be given to your spouse and keep the third for your personal records.

    Serve and File Court Forms

    • 1). Provide copies of the completed forms to your spouse. This is referred to as "serving" the court documents and there are three ways to accomplish this.

    • 2). Serve by mail or hand deliver the forms. These options are appropriate for individuals who are on good terms with their spouse and have agreed to a divorce. Bring the copies of the forms to your spouse or mail them. The Acknowledgment of Receipt form asks your spouse for a signature to confirm that he or she has received the forms. Your spouse has 20 days to sign and return this form.

    • 3). Serve by certified mail. Bring the forms to a post office and tell a post office employee that you'd like to mail a package via certified mail. You will be asked to fill out a simple form and the post office employee will provide you with a return receipt. File the receipt with the court clerk to prove that you've delivered the divorce papers to your spouse.

    • 4). Ask the sheriff's department to serve the papers for you. You can mail the forms to the sheriff with a letter to make this request or do it in person. Provide your spouse's home address and work address if you know it. The sheriff's department will fill out the Acknowledgment of Receipt and return it to you. The sheriff's department charges between $15 and $30 for this service (costs in 2011).

    • 5). File the documents with the court. Bring all of the completed forms to the court's clerk within 20 days of serving your spouse.

    Legal Proceedings

    • 1). Attend a case management conference. Within two weeks of filing your papers, the court will notify you of the date and time that the conference has been scheduled. At the case management conference, you and your spouse will meet with a family law magistrate to discuss issues regarding children, property, alimony, etc. The magistrate will attempt to help you reach an agreement regarding these issues. If you and your spouse have agreed to the terms of your divorce, the magistrate will help you bypass some of the remaining steps. If you have not reached an agreement, the magistrate will schedule the next step.

    • 2). Attend a mediation. A court-appointed mediator will attempt to help you and your spouse reach an agreement regarding unresolved issues. These issues may include visitation rights, property rights, alimony, etc. At the end of the mediation meeting, the mediator will schedule a status conference.

    • 3). Attend a status conference. A family law magistrate will meet with you and your spouse to discuss what occurred during the mediation. If you've agreed to the terms of your divorce, the magistrate will hold an uncontested hearing, issue a final order and your divorce will be complete. If you were unable to reach an agreement, the magistrate will schedule an interim divorce hearing.

    • 4). Attend the interim divorce hearing. This is a formal hearing presided over by a family law magistrate, or by a judge if you request one. You will present your case to the magistrate or judge. You can present documents and bring witnesses to back up your case. Your spouse will be allowed to do the same. At the end of the hearing, the magistrate or judge will issue an interim order. The order will explain what will happen with your children and property until the divorce is finalized.

    • 5). Attend a second mediation. If you and your spouse are able to reach an agreement during the second mediation, the mediator will write it down for you and your spouse to sign. You will then meet with a magistrate for an uncontested hearing. He or she will go over the agreement with you and your spouse and issue a final order, finalizing your divorce. If you are unable to reach an agreement, a pre-trial conference will be scheduled.

    • 6). Attend the pretrial conference. The magistrate will meet with you and your spouse for the final time. He or she will determine whether or not you've reached an agreement. If you have not, the magistrate will schedule a final hearing. He or she will provide a pre-trial order that includes the date and time of the hearing, a list of the unresolved issues and a deadline for providing your spouse with a list of the evidence you plan on showing.

    • 7). Attend the final hearing. You and your spouse will appear before a magistrate or judge, present your cases and the magistrate or judge will issue a final order following the hearing. After issuing the final order, the magistrate or judge will explain how the unresolved issues should be dealt with. If you disagree with the final hearing, you can file an objection within 21 days.

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