Free CV-081, DC Pro Se Div Instructions w/o children, Rev. 08/03 - Maine

DIVORCE WITHOUT CHILDREN: What to do with these Court Forms
If you are doing your own divorce, please read this. It will help you to know what to do with these court forms. Here are a few tips for filling out the forms: · · Always use full legal names, not nicknames. Type or print neatly. If you have access to the Internet, you may be able to fill out the forms on-line at www.ptla.org/forms.htm You will file each form with the Court. Before you do that, make at least two copies of your completed forms--one for yourself and one for your spouse. You will need to find a place to make copies (like a library). The court clerk cannot make copies for you. FAMILY MATTER SUMMONS AND PRELIMINARY INJUNCTION You must use the original form you got from the clerk. It has the clerk's original signature and seal. You cannot use a photocopy or on-line version of this form. Fill out the "caption" as you did on the Complaint. Fill in the name and address of the court. Date and sign the form. Leave the spaces on the second page empty. Service by Certified Mail Take these papers to the post office: · Copy of Complaint · Copy of Summons and Preliminary Injunction Tell the postal clerk that you want to send the papers by certified mail. Make sure you ask for a "Return Receipt" and "Restricted Delivery." This costs more and involves a few extra steps. Get the forms and help from your post office. File the green card you get back from the post office with the court clerk, to prove that your spouse got the papers. Service by Sheriff Mail or take to your county sheriff's office: · Copy of Complaint · The original Summons and Preliminary Injunction, plus one copy In a letter, or in person, ask the sheriff's office to serve the papers on your spouse. Give your spouse's home address. If you think the other party will be hard to find at home, give your spouse's work address. The deputy who "serves" the papers will complete page two of the Summons and return the original to you. The Sheriff charges for this service (about $15-$30).

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STEP TWO: Serve the Forms STEP ONE: Fill Out the Forms COMPLAINT FOR DIVORCE The section at the top of the form is called the "caption." Fill in the location of the District Court (for example: "Bangor"). The clerk will fill in the Docket Number later. You are the Plaintiff and your spouse is the Defendant. Write your full legal name in the blank before "Plaintiff." Write your spouse's full name in the blank before "Defendant." If you or your spouse owns a house or other real estate or land, check the box next to "Title to Real Estate Involved." You should check this box even if title to real estate is only in one party's name. Fill in the other blanks on the form. Near the end, where it says "Plaintiff Requests...," check all the boxes that apply. (If you're not sure, check the box; you can drop that request later.) You must sign this form in front of a Notary Public. You can find a Notary at a bank, a legal services office, through your own town office, or at the court clerk's office. Now you must give copies to your spouse. This is called "serving" the court papers. Court rules say you can do this in one of three ways. You can mail the papers, asking your spouse to agree to "service." Or you can send the papers by certified mail. Or you can pay a sheriff to give the copies to your spouse. Service by Mail Mail or hand-deliver these papers to your spouse: · Copy of Complaint · Copy of Summons and Preliminary Injunction · Two copies of Acknowledgment of Receipt of Summons and Complaint (after you have filled in the "caption" on both copies) · Stamped, self-addressed envelope The Acknowledgment of Receipt form asks your spouse to sign it, showing he/she got the papers, and to return the form to you within 20 days. If you get the signed Acknowledgment back within 20 days, go on to Step 3. If not, then you will need to serve the papers another way.

CV-081, Rev. 08/03

STEP THREE: File the forms Fill out the Confidential Family Matter Summary Sheet, which has its own instructions. The clerk will not accept your papers for filing without this form. Within 20 days after serving your spouse, handdeliver or mail to the court clerk these original forms: · Summary Sheet · Complaint · Summons (with deputy's signature if you used sheriff's service) · Acknowledgment of Receipt (if you used service by mail) · Green card (if you used certified mail service) The Court charges $60 to file your papers. Later you may be charged a $120 mediation fee (shared by the parties). If you cannot afford the court fees, you can ask the clerk for an Application to Proceed Without Payment of Fees and Indigency Affidavit. Fill out these forms, and sign them in front of a Notary Public. Then file the forms with the clerk along with your other papers. A judge will review your financial information and decide whether you qualify for a "fee waiver." If the waiver is denied, you must pay the filing fee within 7 days. If the waiver is granted, you won't have to pay some or all of the court fees. Financial Statement: If you and your spouse disagree about how to divide your property or about alimony, you must fill out the Financial Statement. You can get this form from the Court clerk. After you have filled it out, file the original with the clerk and send a copy to your spouse. You must do this before mediation or within 60 days after your spouse files an answer to your complaint, whichever is earlier. Your spouse must also file one of these forms and give you a copy. Real Estate: If you or your spouse owns real estate, you must provide the court with information about it, so title to the real estate will be clear after the divorce. Ask the court clerk for the form Certificate Regarding Real Estate (CV-056). Fill it out and give

the completed form to the court clerk before your court hearing.

STEP FOUR: Mediation If you and your spouse do not agree on all issues, your next step is mediation. Check with the court clerk to see how to set a date for your mediation. At the mediation, a trained mediator will try to help the two of you understand where you agree and where you disagree. You must mediate in good faith. After the mediation, if there are still unresolved issues, you may agree to continue mediating later on or go to a court hearing.

STEP FIVE: Court Hearing Check with the court clerk to see how to set a date for your court hearing. If you went to mediation and agreed on all of the issues, you will need to schedule an "uncontested hearing." At that hearing you will ask the judge to approve your agreement and grant the divorce. If your spouse did not file a response to your complaint, your case can be scheduled for an "uncontested hearing." The hearing must be at least 60 days after your spouse was served with the divorce complaint. Fill out the Federal Affidavit form and file it with the clerk. The judge will not hear your case until this form is filed. You must sign this form in front of a Notary Public. If you are having a contested hearing on any issues, be prepared to testify and present evidence to support your positions. After hearing your case, the judge will decide the terms of your divorce.

CV-081, Rev. 08/03, pg. 2