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Questions Answered by Robert Guillory
1 Answer | Asked in Family Law, Domestic Violence and Divorce for Maine on
Q: How do I proceed with a divorce if my spouse will not sign paperwork?

My spouse is avoiding service and is refusing to sign anything. He is also been charged with three counts of domestic violence against me and is avoiding arrest and court on these issues also and now has felony warrants. There is bail conditions set that he cannot see or speak to me and one of our... View More

Robert Guillory
Robert Guillory
answered on Jul 29, 2023

You can file the divorce along with a motion for alternate service. You will need to submit with the motion an affidavit showing what efforts you have made to serve him as well as something from the sheriffs dep as to their efforts. You can ask that he be served by publication or any other means... View More

1 Answer | Asked in Divorce and Family Law for Maine on
Q: I have tried to serve my husband the divorce paperwork but he refuses to even look at the paperwork. How can I proceed?

It has now been 60 days since I tried serving the paperwork. We currently are living in the same household that is why I chose to serve the papers myself.

Robert Guillory
Robert Guillory
answered on Jun 4, 2023

you need to go to the sheriff's department in the county in which he lives. if he is out of state or far away call the sheriff's department in that county. you need to get the paperwork to them and they will serve him, he cannot refuse. they will mail back to you a return of service. you... View More

1 Answer | Asked in Child Custody and Family Law for Maine on
Q: What is the likelihood that I will be granted custody of elementary school-aged children due to truancy

I want to ask for weekdays during school w/ dad having weekends, all minor holidays and school breaks with odd/even year split major holidays. Dad having them during the week during summer.

I am trying to keep it so the dad still has as close to 50/50 as possible but I have them during... View More

Robert Guillory
Robert Guillory
answered on Jul 4, 2022

if things are as you say i would think your chances would be very good. i would consider contacting child protective at dhhs if the kids are not going to school.

1 Answer | Asked in Family Law and Child Custody for Maine on
Q: Will a judge change a custody agreement if it means the other parent will lose his job?

I have my child every weekend and 1 week a month, my ex wife decided out of the blue that she now wants it one week on one week off so she gets weekends too. I work out of state during the week and take one week off every month. If this change goes through I will have to leave my job of 15 years.... View More

Robert Guillory
Robert Guillory
answered on Sep 2, 2021

in my experience a judge would be unlikely to do this. if you say that you cannot take the child during the week the judge will not order you to lose your job. However the judge might very well order that mom gets some weekend time so you would have to decide if you want to ask for time during the... View More

1 Answer | Asked in Divorce for Maine on
Q: I was divorced in August of 2000 after 24 years of marriage. I have been paying spousal support since then.

We were married and divorced in Maine.

I am now 75 years old and retired with reduced income. Will the State of Maine law allow me discontinue the spousal support payment. If so, what steps do I need to take?

Robert Guillory
Robert Guillory
answered on Jun 1, 2021

Yes you can ask the court to lower or eliminate the spousal support ordered. You need to file a motion to amend the divorce judgment to lower or eliminate the spousal support. in order to file such a motion it is important to spell out the substantial change in circumstances from the judgment... View More

1 Answer | Asked in Family Law for Maine on
Q: Can children testify in a custody hearing in state of Maine?
Robert Guillory
Robert Guillory
answered on Feb 8, 2021

yes they can but judges dont like to have them testify, if they will testify often the judge will ask the parents if the kids can talk to the judge without the parents present, it takes both parties to agree to that otherwise the kids get on the witness stand and both parties hear what they have to... View More

1 Answer | Asked in Child Custody for Maine on
Q: How do I prove the other parent's home is unfit for our children? The judge is taking his word about problems being fixe

We have been trying to co-parent for three years and in that time the condition of his home has been unfit for the children. I have informed him several times to fix issues for the children and he tells me they are but they are not fixed. Told him if not fixed we would go to court. Here we are and... View More

Robert Guillory
Robert Guillory
answered on Feb 8, 2021

What you really need here is for the court to appoint a guardian ad litem who can go visit both homes and speak with the kids and report back to the court. These usually cost money but sometimes the court can find someone to do it for nothing if you both cannot afford one. it is pretty impossible... View More

1 Answer | Asked in Child Custody for Maine on
Q: During covid times, going through a custody hearing, how do I speak for myself, bring a witness or present documents?

Other parent has been around there whole life but his living conditions are why we are in court after warning him several times to improve them or we're going to court. But I am the bad parent for keeping them from him for 3 months until we went to court? Their 8 and 9.

Robert Guillory
Robert Guillory
answered on Feb 6, 2021

in most Maine courts during covid hearings are conducted via the zoom video conferencing platform. Preliminary motions and conferences are being done by telephone conferences. At some point your case will have a pretrial conference and you will tell the judge or magistrate how many witnesses you... View More

1 Answer | Asked in Family Law for Maine on
Q: Can my ex husband stop me from having our kids around my boyfriend?

My boyfriend lives with me and my ex is demanding he leave while I have the kids, or else he won’t give them to me. Can he do this? The kids love my boyfriend and he is so amazing to them.

Robert Guillory
Robert Guillory
answered on Jan 19, 2021

Your ex cannot do this unless the court order you have (if you have one) says he can. You should keep seeing your children and if your ex chooses to deny your visitation you need to file a motion with the court for contempt or to enforce. ultimately it is up to a judge to decide whether or not your... View More

1 Answer | Asked in Divorce for Maine on
Q: getting divorced, can my spouse and i write our own settlement agreement and does it get filed with the divorce?
Robert Guillory
Robert Guillory
answered on Sep 14, 2020

You can write your own settlement agreement and send it to the court. if the courts accepts it it will make it part of the divorce judgment. Before sending in the settlement agreement i would suggest you have a family law attorney review it, especially if you have minor children and/or real estate... View More

1 Answer | Asked in Divorce for Maine on
Q: Separated for 6 yrs Ex remained in marital home. Now filing joint and asking for 1/2 equity but ex refuses.

What should I do?

Robert Guillory
Robert Guillory
answered on Aug 31, 2020

its hard to answer this question because i don't know what now filing joint means. Are you talking about a tax return? i also dont know what you mean by 1/2 equity.

2 Answers | Asked in Business Law and Divorce for Maine on
Q: My wife get a loan for a building before we got married after a month we got married and we made it business and house.

Back then we said we will have the business and the building 50-50. We spend a lot of money to make it restaurant because was offices and the top floor we made it apartment with bathroom and everything. She never paid a penny before we got married she just get the loan on her name before and... View More

Robert Guillory
Robert Guillory
answered on Aug 18, 2020

it sounds like you certainly have an interest in the real estate and business. Even if the land was purchased by her before the marriage any increase in value of the real estate due to marital effort would be considered marital property. you should get an attorney to represent you in this regard.... View More

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2 Answers | Asked in Family Law and Adoption for Maine on
Q: I am located in Maine my ex is willing to sign rights over to my son to my fiancé Do we have to be married first?

I know some states require a set amount of time the couple has to be married before allowing the adoption but we want our family adopted and whole before we do a wedding

Robert Guillory
Robert Guillory
answered on Aug 13, 2020

In Maine you cannot "sign over rights" to a child. You can pursue an adoption proceeding if it is consented to. You can get the forms from the probate court, the people working there are usually very helpful. i believe they will want fingerprints from the adopting person to do a... View More

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1 Answer | Asked in Family Law for Maine on
Q: So my ex cheated on me and I didn't know until she had a baby, I thought I was the father so I signed the childsupport

Papers, and recently I've been thinking and theres no way the child could be mine. If I get a paternity test and I am not the father will I be able to stop paying childsupport?

Robert Guillory
Robert Guillory
answered on Jun 29, 2020

i cannot answer your question accurately with the information you have provided me. First and foremost how old is the child? if the child is less than 2 things will be much easier for you. You said you signed the child support. i dont know what that means. Did you sign the birth certificate or is... View More

3 Answers | Asked in Estate Planning, Landlord - Tenant and Probate for Maine on
Q: My mom was married 33 years her husband passed on April 8th his son served her with eviction this week can he do that

The son took the safe out of house 2 days before his father died refuses to tell her if there is a will She is 81 And can’t afford d a lawyer what r her rights the house did belong to her husband but his son took deed over before he died son claims

Robert Guillory
Robert Guillory
answered on Apr 23, 2020

I agree with attorney Eccher. I also agree she should contact the organizations he mentioned. Serving a notice to quit and winning at court are two very different things. The son would have to prove that he is the owner of the house and that proper procedure was followed. Given the back up in the... View More

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1 Answer | Asked in Child Custody and Family Law for Maine on
Q: My daughter is 16 and has a guardian, but she wants to move back to illinois with her bio family. Does she need consent?

She lives in Maine with my ex mother in law. Shes lived with her for 11 years, but has no biological relation. All of my daughters family is in Illinois and she wants to be with them. Her guardian will not let her move back or even visit. What can she do? Does she have any rights or say in where... View More

Robert Guillory
Robert Guillory
answered on Apr 16, 2020

your question raises several questions. When you say move back with bio family what does that mean? Her parents or a parent? When you say she has a guardian was this done in probate court in Maine? if so then a parent or some other family member could file a petition to terminate the guardianship.... View More

1 Answer | Asked in Family Law for Maine on
Q: My ex husband was fired from his job and has not paid alimony. We have 2 kids that live with me now and there is no

Court order for child support bc at the time of divorce they lived with him. Motion to modify?? Where should I start

Robert Guillory
Robert Guillory
answered on Jan 28, 2020

You should file a motion to modify and a motion to enforce. Both forms are available online at the maine judicial website under court forms or you can pick up the paper forms at any courthouse. You should do this immediately as the child support will only go as far back as when you serve your ex... View More

1 Answer | Asked in Divorce for Maine on
Q: Can't find ex to have her served what can I do to get a divorce

Had the sheriff serve her twice no luck money gone told putting something in the newspaper ? Do I neee to refine the divorce paperwork?? Help

Robert Guillory
Robert Guillory
answered on Dec 16, 2019

You will have to file a motion for alternative service if you cannot find her. Do you have her email address, one that she responds to when you email her? if so you could ask the court to order that service by electronic mail be deemed ok. you will need an affidavit from the sheriff that he/she... View More

1 Answer | Asked in Child Support and Family Law for Maine on
Q: I am currently going through court for child support. Just looking for advice about parental rights.

Currently going to court for child support. Biological father did not show to first court date. Next court date in December. Just looking for advice to possibly persue parental rights

Robert Guillory
Robert Guillory
answered on Nov 29, 2018

If you are just going for child support you will have to present some information to the court as to what his income is and what your income is. they will also need to know cost of daycare if any, cost of insurance for the child/children only, and if there are any extraordinary medical expenses for... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Maine on
Q: I have a custody and child support agreement made 3 years ago in Massachusetts. Can I file for a child support increase?

We made an agreement 3 years ago that if I moved to Maine my son's father only had to pay me $20 a week in child support. We have lived in Maine now for 3 years and $20 a week is nothing and I pay for everything. Can I bring him to court for a child support increase in Maine now, or am I stuck... View More

Robert Guillory
Robert Guillory
answered on Nov 26, 2018

The first thing you should do is consult with an attorney in Massachusetts. i dont know Massachusetts law but in Maine people cannot agree to modify child support on their own, it must be done by court order signed by a judge. if you have a court order that says the support drops if you move to... View More

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