Free CV-083, Pocket Guide for Divorce, Rev. 09/97 - Maine


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A POCKET GUIDE This brochure supplements the video, "Divorce In Maine: An Introduction." Please take it with you as a summary of important information about the divorce process in Maine. To protect your interests and those of your children, you should be aware of the information in the video and this guide. REMEMBER

LEGAL ADVICE O Court personnel cannot provide legal advice-- please don't ask. They can suggest resources, provide forms, and explain procedures. Use their time wisely. O Do not rely on legal advice from well meaning friends and relatives, unless they have legal training. GETTING STARTED

NEED MORE INFORMATION? THE FOLLOWING RESOURCES MAY BE ABLE TO HELP YOU WITH QUESTIONS ABOUT DIVORCE AND OTHER FAMILY ISSUES ___________________ THE FAMILY RESOURCE DIRECTORY Available at the Court Clerk's Office

A POCKET GUIDE
TO ACCOMPANY

Divorce is a very serious matter with emotional, legal, and financial consequences that could affect you, your spouse, and your children for many years to come. Do not take it lightly! Get an attorney, if at all possible, especially if you have complicated issues relating to children, real estate, significant financial assets or debts, or a need for alimony. The investment in legal advice will pay off in the long run. You must participate in the process completely and in good faith. Whether you are the plaintiff or the defendant, you must meet all deadlines and provide the required information. The steps outlined here and in the video will help you understand your obligations.

DIVORCE IN MAINE : AN INTRODUCTION
A VIDEO

O You must have resided in Maine for the last six months or meet other legal requirements to file for divorce in this state. O Go to the court office to o Get necessary forms o Get information on fees o Learn about available help o Set trial dates o Notarize court forms clerk's

These organizations offer assistance at no charge to individuals who meet specific income guidelines: PINE TREE LEGAL ASSISTANCE 1-207-774-8211 VOLUNTEER LAWYERS PROJECT 1-800--442-4293 CUMBERLAND LEGAL AID CLINIC 780-4370

PRODUCED BY THE JUDICIAL BRANCH DIVORCE TEAM WITH

O Fill out the forms carefully and completely. O Notify the clerk if you change your address or phone number. O Serve copies of the Complaint and Summons forms on your spouse. O clerk. File original forms with the

For a $20 fee, this organization refers callers to attorneys for a one half hour consultation: ME. LAWYER REFERRAL SERVICE 1-800-860-1460

CORPORATE VIDEO PRODUCTIONS, INC. 1996

The court does not have child care facilities at this time. Please make arrangements for someone to care for your children while you are at court.
CV-083, Rev. 09/97

PROOF OF SERVICE You must provide the clerk with proof of service of the complaint and summons. Do this by filing with the clerk the original summons signed by the deputy sheriff who served it, or by filing the acknowledgement of service form after your spouse signs and returns it to you in the stamped envelope you provide. PAYMENT OF FEES If you cannot pay all the court fees, you should contact the court clerk. COPIES OF FORMS You must send your spouse copies of all forms that you file. Your hearing may be delayed or postponed if you do not. NOTICE TO DHS If there are children from the relationship who have received, are receiving or will receive public assistance benefits, or if the Dept. of Human Services (DHS) has been asked to provide child support collection services, you must provide DHS with a copy of the complaint. Until that is done, there will not be a court hearing. The Dept.'s address is on the complaint.

ARE YOU THE DEFENDANT? If you have been served with a Complaint and Summons, you have important legal obligations and responsibilities. You must participate fully in the process to protect your rights and those of your children. Below are some important things you should know. O If the Complaint and Summons are mailed to you, date, sign, and return the Acknowledgement of Service form within 20 days. O You may respond to the Complaint by sending an "Answer" to the court, agreeing or disagreeing with the statements in the Complaint. You must prepare your own answer. There is no form. O If you do not prepare an answer, you should file an Entry of Appearance form to show your interest in the case and to be sure you get notice of all hearings. O After the complaint is filed, your spouse may file other motions with the court. If you disagree with anything your spouse requests, you must object in writing within the deadlines set by the court rules. O You must give your spouse copies of all forms that you file.

THE REST OF THE FORMS There are other forms that may apply to your situation. O A Child Support Affidavit must be completed by each parent when children under 18 are involved. This provides financial information so the court can compute child support. O A Child Support Worksheet must be prepared when there are children. The worksheet is used to calculate child support, based on the State's Child Support Guidelines. Affidavits and worksheets must be filed at least three days before mediation or a court hearing. O The Financial Statement is an affidavit that must be filed when either party owns real estate, when alimony or attorney fees are requested, or when the parties cannot agree on how to divide their property or debts. O A Certificate In Lieu of Financial Statement may be filed when a Financial Statement is not required. O A Federal Affidavit must be filed if the defendant does not answer or appear in court. Remember that all Affidavits must have notarized signatures.

NOW WHAT HAPPENS? Mediation is required contested divorce, on any issue that has not been resolved. Mediation is an informal meeting of both parties with a neutral person who is trained to help people resolve disputes. It is your chance to work out an agreement to present to the judge. When a party is represented by an attorney, the attorney also attends the mediation session. If there is no agreement, agreement is unfair or not in the best interests of the children, the court will decide the issues. Maine law requires a waiting period of 60 days before a divorce hearing can be held. The plaintiff must arrange a date with the clerk. Your spouse must be sent written notice of the hearing date. You and your spouse should appear at the hearing to explain why you want a divorce and what you would like in the court order. Your proposal should be in writing. The judge will sign an order after your hearing. The order will tell each party they are required to do. You must obey the order. If you believe an error has been made in the order, notify the clerk in writing immediately.