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Maine Divorce Questions & Answers
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 Esq
Robert Guillory Esq 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... Read more »

3 Answers | Asked in Divorce and Estate Planning for Maine on
Q: How can I protect my home and only be able to leave it to my son in my will and not his wife in case they divorce?

My son and wife are in a rocky relationship. I am leaving him my home (my spouse has died) but I don’t want his wife to get any of it if they divorce.

Nina Whitehurst
Nina Whitehurst answered on May 18, 2021

You can leave the house to him in a continuing trust with an independent trustee. There are a lot of issues to consider so you should hire an experienced estate planning attorney to help you.

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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 Esq
Robert Guillory Esq 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... Read 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 Esq
Robert Guillory Esq 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... Read more »

Albert Hansen
Albert Hansen answered on Aug 18, 2020

Yes, you have an equitable interest in the property and should be compensated.

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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 Esq
Robert Guillory Esq 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... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Real Estate Law for Maine on
Q: real estate q. / 2011 divorce & family land?

in 2011 i signed our family home to my now ex husband in divorce court. i have done no other paperwork. the house is on my family land. what are my legal rights to the land at this time.? who can i talk with and how do i move forward?

Fred Bopp III
Fred Bopp III answered on Apr 24, 2019

My partner, Cecilia Guecia, would be happy to speak with you about this. Her number is (207) 846-6111.

Thank you and best,

Fred

1 Answer | Asked in Divorce for Maine on
Q: Can the court request documents on behalf of one of the parties of divorce without going back to court?
Robert Guillory Esq
Robert Guillory Esq answered on Nov 2, 2018

i would love to answer this question but it is really vague. i dont usually hear a court "requesting" any thing. Courts usuallly issue orders which are not requests. if you can explain in more detail what is happening then i might be able to give you a better answer.

1 Answer | Asked in Divorce for Maine on
Q: I am paying a% alimony. The decree states that I pay until she remarries or is 67. I want to retire at 62she will be 60

She already took 1/2 of the retirement , but will get my social security. Can I retire or at least go to part time or does this mean I am forced to work full time until 69?

Robert Guillory Esq
Robert Guillory Esq answered on Apr 9, 2018

It is hard to tell you exactly what your options are without seeing the divorce judgment but generally spousal support awards can be modified if there has been a substantial change of circumstances. if you elect to retire and that decision is reasonable, especially if you have health problems or... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Maine on
Q: if I go with somebody and else and my parents call the police on me do they have to take me back home to my parents?

I am almost 16 and possibly pregnant. I know emancipation is an option but I want the process to be as fast as possible my parents will do everything in their power to keep me away from the father of my child which is not what I want. So I would like to move out when I turn 16 can I just leave and... Read more »

Edward Chris L'Hommedieu
Edward Chris L'Hommedieu answered on Apr 3, 2018

That depends on your age and maturity.

If you are 10, then yes, police will apply pressure for you to go home. And they'll call DHHS.

If you are 17, different story.

You can apply for emancipation and the court will give you a court-appointed lawyer assuming you have...
Read more »

1 Answer | Asked in Divorce and Family Law for Maine on
Q: My husband and I just moved from NC to Maine. We have lived in Maine two weeks. Where do I file for legal separation?

We lived in NC for 4.5 years. We just moved to Maine (and have been here only a couple of weeks). However, it looks like we can't file for separation or divorce in Maine until we've lived in Maine for 6 months. Do we have to file in NC? I don't want to stay with him for the next 6... Read more »

Joe Lewis
Joe Lewis answered on Mar 5, 2018

Actually, there is no 6-month minimum for a judicial separation as there is with divorce. The only requirement other than being married is that you plan on living apart or have already lived apart for 60 consecutive days. The other differences between divorce and legal separation are pretty... Read more »

1 Answer | Asked in Family Law and Divorce for Maine on
Q: My wife and I have an amicable agreement regarding marital property and money. Do we still have to fill out form 43?
Joe Lewis
Joe Lewis answered on Jan 22, 2018

Not necessarily. There is a form on the court's website called "Certificate in Lieu of Financial Statement" that enables you both to tell the court that there is no need to fill out the FM-043 form because you agree on all the financial issues.

Congratulations on getting...
Read more »

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Maine on
Q: Demanding money to sign quit claim deed extortion?

Had 90 days to refinance, paid loan off 5 years in because bank wouldn't refinance. maliciously, She threatened contempt because loan wasn't paid in time 16 years after the fact unless we give her money to sign quit claim deed. Which is court ordered for her to do. I feel like that's extortion.

Joe Lewis
Joe Lewis answered on Jun 12, 2017

Well, it probably isn't extortion, a word that has a precise legal meaning, but it does sound kind of rude.

Contempt won't work against you if you've already paid off the loan. In other words, you've done what you were told to do, albeit too slowly. On the other hand,...
Read more »

1 Answer | Asked in Divorce for Maine on
Q: I have a business in Maine (LLC-I'm the sole owner). I'm going to divorce my spouse. What can happen to the business?
Robert Guillory Esq
Robert Guillory Esq answered on Aug 22, 2013

A lot CAN happen to the business. The better question is what will likely happen to the business. In Maine the court must divide the marital property equitably, note not necessarily equally. The first question is whether or not the LLC is marital property. If you became owner during the marriage... Read more »

1 Answer | Asked in Divorce for Maine on
Q: Is there a difference between a Divorce Decree and a Divorce Judgement? In the state of Maine.
Robert Guillory Esq
Robert Guillory Esq answered on Aug 22, 2013

In Maine they are called Divorce Judgments. In some states they document granting the divorce is called a decree. They essentially do the same thing.

1 Answer | Asked in Divorce for Maine on
Q: If a couple divorce in maine does their property automatically became a 50/50 split?
Robert Guillory Esq
Robert Guillory Esq answered on May 9, 2013

No nothing is automatic. The court will divide the marital property equitably. Keep in mind that marital property usually but not always means property acquired during the term of the marriage.

1 Answer | Asked in Divorce for Maine on
Q: In Maine, if my ex loses her job, will my child support increase?
Robert Guillory Esq
Robert Guillory Esq answered on May 9, 2013

It might and it might not. If she isn't working then she won't need daycare so this could make your support go down. Your support will not change until someone files a motion to modify it based on a change in circumstances. You can log on to the Pine Tree Legal website and use their child... Read more »

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