Divorce Process in Maine

The path a divorce case will take can be unpredictable, but some basic steps will apply to nearly all couples. Knowing what to expect can help you prepare. For specific legal guidance on your divorce or family law case, contact our office today.

1. File or Receive Complaint

A divorce legally begins when one spouse files the necessary forms, including a Complaint for Divorce, with the appropriate district court. The spouse filing will be known as the plaintiff. Copies of the forms must be provided to the other spouse, known as the defendant, in a process called “service” before they can be filed in court. Improper service or incomplete information at this step can complicate your case down the road. Your attorney can assist you in completing the forms correctly and ensure that the papers are served properly.

2. Financial Disclosure

To assist in dividing property and debts, each spouse must provide certain financial disclosures to the court and the other spouse during a divorce. This is generally a routine process. However, if you believe your spouse is concealing or misusing assets, you’ll need an experienced trial attorney who can use various methods of discovery to compel your spouse to reveal their true financial circumstances.

3. Initial Conference

The next step is for both parties to appear in court together. This is known as a Case Management Conference when minor children are involved in the relationship. For cases without children, the first court appearance is called a Pre-Trial Conference.

At this conference, if both spouses are in complete agreement on all issues, including parental rights and property division, they can submit a proposed settlement to the court. If the judge approves the settlement, a final uncontested hearing may be conducted on the same day. If there are any contested issues, the court and spouses together must determine how to resolve them before the case can be settled.

4. Mediation

In many contested divorce cases, mediation is used to attempt to resolve conflicts. For divorces involving children in Maine, mediation is often required. But it’s important to note that while attending mediation may be required, you cannot be ordered to accept an agreement or compromise reached during mediation.

When domestic violence is a concern, your attorney may be able to persuade the court that mediation will not be effective or to allow each spouse to meet with the mediator separately.

5. Interim Orders

Some matters need to be addressed before the divorce is finalized, like where your children will live or who may access funds in joint bank accounts. If these issues are not settled during mediation or need to be decided sooner, your attorney can request an interim order from the court. Interim orders are designed to address specific, narrow issues and will only remain in effect until the final divorce settlement is issued.

6. Hearing

Negotiations between you and your ex-spouse will continue if no agreement is reached in mediation. Our team will make every reasonable effort to settle your case through negotiations. We are tough but fair advocates for you and your family. But when the other side simply won’t agree to a fair divorce settlement, our litigators will fight for you in court at a divorce hearing. After the hearing, any remaining disputed issues will be decided by the judge. In high-conflict cases that require a contested hearing, you will need an aggressive, experienced trial attorney on your side.

7. Final Order

After the hearing, the court will issue a final order. The court may issue the order right away, or take the case “under advisement” and issue a ruling to each side and their attorney(s) by mail.

It is possible to appeal or object to a final order; however, there are strict requirements and time limits for submitting an appeal. It is far better to work toward a favorable settlement before a final order is issued, and our attorneys can help you do just that. We understand that when your family and your financial future are on the line, every case is high-stakes, and we treat it that way. Contact the STEVE SMITH Trial Lawyers today to learn more about how we can make your divorce easier.