What can a family law firm do to help me in my divorce?
The Maine Divorce Group will be there to guide you towards a better future through divorce
We understand that each divorce is unique, and we’ll work with dedication and compassion to find the best solutions for your situation.
From collaborative divorce options that can save time and money, to tough negotiation tactics for contentious property division cases, our Maine family law attorneys are prepared to advocate for you and your needs.
Why shouldn’t I represent
myself in a divorce?
Self-represented individuals who anticipated that the wealth of information on the Internet would help them better represent themselves generally ended up disillusioned and disappointed.
They are also eager to find better sources of legal information – something designed for non-lawyers.
They’re looking for information on practical tasks like filing or serving, advice on negotiation or a strategy for talking to the other side, presentation techniques, or even legal procedures.
However, they’re often directed to other sites with inconsistent information. Those who are self-representing have a hard time figuring out which sources are “legitimate”. On top of that, many resources are difficult to read and use jargon or unexplained legal terms.
Many self-represented do start with a family lawyer. They typical find that they left their lawyer due to matters related to cost, but really they were justifying to themselves how they felt their lawyer wasn’t listening, not taking instruction on how to proceed, or wasn’t knowledgeable enough about the particular legal issues that they were facing.
Attempting to navigate the court process on your own can be daunting and overwhelming. Many self-represented individuals begin with a sense of confidence, but that confidence often disappears when faced with the reality of the court process. This can be triggered by difficulties completing application forms, a difficult confrontation between themselves and their ex, disputes may arise from a previous marital agreement or in regard to a number of assets, or understanding the service process to name but a few of the challenges that can, and probably will arise.
A highly skilled family lawyer will be there with you through each step of the process, they will know exactly what questions to ask to paint the larger picture, what to expect regarding any potential challenges that will arise, and will have the ability to chart a clear path forward for everyone involved.
Separation is already an emotional and difficult journey. Don’t take on the burden of the legal process by yourself. Reach out to an experienced family lawyer at The Maine Divorce Group for a one-on-one confidential consultation today.
Will my divorce go more smoothly if I hire the Maine Divorce Group?
Family Lawyers are unlike other legal experts, as they are considered a “helping profession.” Most family law lawyers are not litigation or trial lawyers in the traditional sense and their purpose is to not use the law to destroy or harm another individuals’ life for the sake of retribution, as that strategy is more often harmful than helpful. A quality family lawyer will use the law to protect you, your assets and your loved ones as well as reach an amicable solution for everyone involved.
When there is a breakdown in a marriage or relationship, there can be others who are directly impacted by the decisions following separation, and preserving those familial bonds can be just as important as a successful separation.
A successful family lawyer will use their legal experience to protect a separating family from any harmful behaviors brought forth by one individual over the others that can add further contempt and strain to the whole separation process.
We at The Maine Divorce Group understand how the law pertains to you and your families specific needs. We know what positions are reasonable to pursue, and we know what a judge will think in regard to most family-related disputes.
We, as family lawyers, understand “family dynamics” and mitigation when you need it the most is our specialty. Family Lawyers often know many ways to resolve problems and conflicts that are not normally obvious to the party members. Unfortunately, not all cases can be resolved amicably, and you can rest assured that the attorneys at The Maine Divorce Group are accomplished trial lawyers who will ensure you are protected throughout every stage of the process, including trial if that proves necessary.
Shortly after meeting and discussing your family’s unique situation, our family lawyers will typically have a snapshot into what the potential outcome of your family’s separation could entail. If we still do not have enough information to determine a possible outcome, we have a very effective process we’ll undergo alongside you so that we can help you, and your loved ones, find an amicable solution to help all party’s move forward with a happier future.
Maine Family Law Attorneys
Guiding You Toward a Better Future Through Divorce
Ending a marriage is rarely easy, but sometimes it is necessary for one or both spouses to move on with their lives and build a happier, healthier future.
The Maine Divorce Group was established to help families through these difficult transitions.
What Are The Steps to A Divorce?
Click on each step to learn about the typical Maine divorce process and how an attorney can assist you at each step.
How Will The Maine Divorce Group Advocate for Me?
Skilled, Trusted Representation For All Your Legal Needs
Divorce is a highly emotional and stressful experience for most people. But you don’t have to face this challenge alone. Having a strong divorce attorney in your corner can help ensure that you and your children walk away from this process with the best opportunities available for future success and happiness.
Maine Divorce Lawyers
If you are separating or getting divorced in Maine, it can be challenging to think clearly, get the right advice, and take the right steps so that you (and your children) are in the best possible position to move forward with your lives.
Maine has some of the highest divorce rates in the U.S., so what is happening to you has unfortunately happened to many others before you.
There are many decisions to make – and most are not easy. It helps to have trusted and dependable lawyers fighting for your best interests so that you can plan ahead with the peace of mind that the legal matters are taken care of.
At The Maine Divorce Group, we help separating or divorcing couples move forward without the expense, delays, and stress of a courtroom battle.
What does a family lawyer do?
Our Maine family lawyers can help you take care of all domestic and family-related issues that may present legal problems for you.
While matters concerning divorce and separation take up a large proportion of the time, other matters concerning domestic violence, civil protection order proceedings, parental alienation, adoption, guardian ad litem, and child abuse/neglect are also areas that we regularly assist with. We can also help you draft marital agreements (prenups and postnuptial agreements).
Principally in divorce and separation cases, we can help you solve the following key issues:
- Marital property division
- Parental Rights & Responsibilities (Child custody)
- Child support
- Alimony (spousal support)
Where family law matters cannot be settled by collaboration, negotiation, mediation or arbitration, litigation remains an option.
What’s the difference between divorce and separation in Maine?
In Maine, a couple can separate long-term without getting divorced. This means that the spouses live apart and are legally separated but remain married.
Divorce ends a marriage and the couple move on with their lives separately from a legal standpoint.
Legal or “judicial” separation (as it is generally termed in Maine) sometimes has advantages over divorce. However, it requires settlement on most of the same issues as a divorce, such as property division, child custody, spousal support, and so on.
Some people want to remain married for religious or ethical reasons or to retain healthcare or insurance benefits. Others want a trial separation period before finalizing matters with a divorce.
In Maine, if you are legally separated, you will receive a decree of judicial separation. You are still legally married but bear in mind that the Internal Revenue Service considers you “unmarried”.
What are the grounds for divorce in Maine?
Grounds for divorce are the legal reasons that you state for seeking a divorce. If you cannot state a valid reason, you will not be granted a divorce in Maine.
Unlike in the majority of states in the U.S., Maine retains two main categories of grounds for divorce:
- No-fault divorce
- Fault-based
No-fault divorce
This is the most common category. With this type of ground for divorce, no proof of fault, misconduct or wrongdoing is required. The couple agrees to part because of “irreconcilable differences” in the marriage.
This is left deliberately vague, but it is not enough to be unhappy in the marriage. You must state that you and your partner are unable to get along and there is no reasonable prospect of the situation changing. That usually involves a communication breakdown and regular disagreements.
If one spouse does not agree that the differences in the marriage are irreconcilable, the court can order both spouses to attend counseling.
Fault-based divorce
Many states do not now allow fault-based divorce because it is seen as encouraging blame, disputes, and increasing the potential for litigation and court time being wasted.
Wrongdoing must be proven in court, and may include the following:
- Adultery
- Impotence
- Extreme cruelty or abusive treatment
- Desertion (for three consecutive years)
- Habitual intoxication (liquor or drug usage)
- Nonsupport (failing to provide suitable support for a spouse, despite having the capability of doing so)
- Incapacitation of one spouse, when a permanent guardian has been appointed by the court for that spouse
Which grounds for divorce should you choose?
The fault-based grounds for divorce outlined above could also lead to the “irreconcilable differences” that are the basis of a no-fault divorce.
If you have specific reasons for proving misconduct of your spouse, you may opt for the fault-based option, but the vast majority of people in Maine choose a no-fault divorce.
It is considered less time-consuming, expensive and stressful for all parties involved, including the children.
Fault-based divorces are now effectively discouraged by the court system in Maine, as a spouse’s misconduct is not a factor if a judge needs to decide on issues concerning alimony, division of marital property, etc.
How long do you have to be separated before divorce in Maine?
In Maine, you cannot file for a judicial separation or divorce unless you have lived apart from your spouse continuously for a minimum of 60 days.
This usually means living in a separate home but if you can prove that you are not living as a married couple (e.g., sleeping and eating separately, separate bank accounts, etc.), it may be adequate.
What issues are resolved during divorce in Maine?
Most divorces in Maine require a wide variety of issues to be resolved, but the following four are generally the main ones:
- Child custody/parental rights for minor children from the marriage
- Child support – who pays what for the upbringing of the children
- Spousal support (alimony) – when one spouse needs financial support from the other to transition to a single life
- Marital property and debt division
If you are fortunate, you and your spouse may be able to resolve these issues through discussion and negotiation. In many cases, however, legal assistance is required to help resolve issues.
Even if the separation is amicable, and you can resolve the differences between you, the divorce or separation agreements should be drafted professionally by a lawyer before being submitted to the court for approval to avoid legal issues with your divorce.
Is Maine a 50/50 divorce state?
The division of property and debts in the marital estate is nearly always an area of intense discussion and dispute in a divorce or judicial separation in Maine. It helps to receive legal advice and to understand the legal rules when negotiating with your partner.
Bear in mind that Maine, unlike some states in the U.S., is NOT a community property state. This means that in a divorce, marital property is NOT automatically divided equally (50/50) between spouses.
Instead, the standard of equitable distribution is applied by the Maine courts. This means that property must be divided fairly between the spouses. “Fairly” is a subjective term that allows a high degree of discretion from the judge, who will consider many factors before deciding on the division.
In particular, each individual’s contributions to the marriage, earning ability, and needs will be assessed before a determination is made. If one spouse has been guilty of wasting marital assets or other financial misconduct, this will also be taken into account.
As an example, the Maine courts may award approximately two-thirds of the marital assets to the higher-earning spouse and one-third to the lower-earning spouse but this varies greatly depending on your specific circumstances.
What happens to non-marital property after divorce in Maine?
The courts in Maine assess and divide only property that is part of the marital estate.
Certain assets like anything owned before the marriage or inheritances/insurance payments for injuries received during the marriage are considered exempt from division.
Our Past Clients
Case Results
We are committed to helping Maine residents improve their lives by resolving tough family and divorce challenges in a fair and efficient manner. We treat every client with deep respect and personalized attention because we know they deserve the best legal guidance available, every time.
Get Your Life Back On Track Today
If you are separating or getting divorced in Maine, it can be challenging to think clearly, get the right advice, and take the right steps so that you (and your children) are in the best possible position to move forward with your lives.
Maine has some of the highest divorce rates in the U.S., so what is happening to you has unfortunately happened to many others before you.
There are many decisions to make – and most are not easy. It helps to have trusted and dependable lawyers fighting for your best interests so that you can plan ahead with the peace of mind that the legal matters are taken care of.
At The Maine Divorce Group, we help separating or divorcing couples move forward without the expense, delays, and stress of a courtroom battle.
Meet the Team
The team at The Maine Divorce Group assists clients in all areas of family law, from high-asset divorces to paternity disputes. We also have attorneys with extensive experience in criminal law and personal injury practice, allowing us to offer comprehensive representation for all your legal needs.