Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Robert Guillory Esq
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 »

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

View More Answers

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 Esq
Robert Guillory Esq 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... Read more »

View More Answers

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

View More Answers

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... Read more »

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

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

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.

2 Answers | Asked in Family Law and Child Support for Maine on
Q: What are my options if I'm taken to court for back child support after 11 years

My ex wife is taking me to court. My second child was born after our divorce , we never had agreement signed for child support. I've been paying for my first child all this time through the court order and gave money towards my second child's needs, but now after 11 years she wants back... Read more »

Robert Guillory Esq
Robert Guillory Esq answered on Jul 31, 2018

she is not entitled to back child support for the second child. First she has to prove it is your child. if she wanted support she should have filed a petition for determination of parental rights to have you determined as the father.

View More Answers

1 Answer | Asked in Estate Planning and Probate for Maine on
Q: Can my Dad's astranged wife kick me out? Or take control of my dads estate?

My dad recently passed, his estranged wife has served me with an eviction notice. For the last 4 years I have lived with my Dad and been his sole care taker (I moved my entire family into his home to care for him). I am even his proxy for VA and SSI. He started the divorce proceedings but because... Read more »

Robert Guillory Esq
Robert Guillory Esq answered on May 24, 2018

First you need to see if he left a will. if so did he name a personal representative, if he did it was probably his wife unless he changed his will after filing for divorce. Second you need to check how the real estate was held ie joint tenants or tenants in common. If joint tenants as most people... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Maine on
Q: DHHS became involved due to my bf's criminal record. He has nothing against children. My son is 11 has been with me all

DHHS became involved due to my bf's criminal record. He has nothing against children. My son is 11 has been with me all his life. I gave his dad sole R&R so DHHS would leave. My son refuses to live with his dad. He wants to runaway and has become really depressed. What repracations am I... Read more »

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

you can file a motion to modify the order giving the father sole parental rights to change the contact provisions and primary residence etc. you will have to show something has changed since the order giving sole rights to dad. That would be your son's reaction to living with his dad. Of... Read more »

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 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 Family Law for Maine on
Q: I WANT TO KNOW HOW I CAN GET VISITATION RIGHTS OR GRANDPARENT RIGHTS, HERE IN THE STATE OF MAINE?
Robert Guillory Esq
Robert Guillory Esq answered on May 9, 2013

To get these rights in Maine is almost impossible. You would have to show the Court that at some point in the child's life you were essentially acting as the child's parent with the consent of the biological parents. You have to prove you were in the position of being a "de... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.