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
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
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
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
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
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
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
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
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
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.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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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