Lawyers, Answer Questions  & Get Points Log In
Maine Questions & Answers
1 Answer | Asked in Divorce 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

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

2 Answers | Asked in Family Law and Criminal Law for Maine on
Q: In ME, 1987-1988. Was it legal for a 14yo girl to be impregnated by a 17yo male? Does offspring have any civil option?

I am an adoptee seeking this info to find out if it's possible that my bio father isn't listed on my birth certificate to avoid sex offender registry in 1988 before romeo and Juliet laws.

Robert Kane
Robert Kane
answered on Jun 3, 2023

This would be better addressed by an attorney licensed in Maine. Orange County Unbundled Legal Services.

View More Answers

0 Answers | Asked in Land Use & Zoning for Maine on
Q: How far from the edge of the road is public and/or state owned

Neighbor is threatening to call the cops for our dog going to the bathroom on his side of the road (even though it is picked up). His house and yard sits aways from the road aswell.

1 Answer | Asked in DUI / DWI for Maine on
Q: OUI/dui help~

If you weren't drunk before a accident, but crash into a tree and drink alcohol after while waiting for police and a tow truck is it still a OUI even if u crash because u where texting and driving but you where sober at the time. no cop pulled you over and u where on the side of the road for... Read more »

David A. Simon
PREMIUM
David A. Simon
answered on May 24, 2023

This is a great question. The answer is no. For a DUI conviction, the person must be under the influence of alcohol at the time of driving. Many people get into an accident while sober, drive or walk home, and then consume alcohol. These people will likely be charged with DUI based on the... Read more »

1 Answer | Asked in Landlord - Tenant and Probate for Maine on
Q: Can a house that is going through probate in Maine be rented out? If so, how does this get initiated legally?

My mother passed last summer. House is still in probate, but her will left it to her five adult children. Can we legally rent the house out before the title is transferred to us? If so, how do we go about setting up the rental agreement?

Daniel J. Eccher
Daniel J. Eccher
answered on May 22, 2023

Probably, yes; it is quite common for people to rent real estate that is in probate. The "landlord" is technically the probate estate; the person with control would be the Personal Representative (PR) of the estate. If no one has been appointed as PR of the estate, you should petition the... Read more »

0 Answers | Asked in Family Law, Child Custody, Communications Law and Domestic Violence for Maine on
Q: Can my bf, who is in the SHU, still receive my letters? Will DHHS take my baby if I continue to try and contact him?

I’m the victim of domestic violence from my bf. He did half of it in front of his 2 year old son. I called the cops on him. He went to regular prison. DHHS took his son. He was placed in the SHU when DHHS was informed that he and I had remained in contact via calls/letters.

1 Answer | Asked in Real Estate Law for Maine on
Q: What are our options if we are sued to complete a contract to purchase?

We made an offer on a nice off grid camp that we liked, mostly because it had a bathroom & shower. During the inspection it was discovered that condos are going in behind, there is a crazy neighbor, & parties. Doubts surfaced, and also loan offered wasn't the loan outlined in the... Read more »

Fred Bopp III
Fred Bopp III
answered on May 15, 2023

Typically, the form parties sign to terminate a Purchase & Sale Agreement contains language providing for mutual releases of all claims. Assuming that is the case, you should have a complete defense if you are sued to complete the purchase under the Purchase & Sale Agreement.

0 Answers | Asked in Military Law for Maine on
Q: I joined military under Delay enlistment and buddy program, is the any recourse if the military broke both of these

I am a past active duty serviceman. I joined under the delayed enlistment and buddy program, I understand if I broke the contract I would be criminally liable, but what happens if the military breaks the contract, other than me getting out with an honorable discharge?

0 Answers | Asked in Divorce for Maine on
Q: I Live in Maine We split 07/2016 (UT) = No shared assets 2014-16 In divorce, Do I include my ME house bought in 2022?

Married in Utah 08/2014- 07/2016

I Have lived in Maine for 6 months+

He lives in California. There is a protective order that was in place from Utah.

We never had any assets bought/used in the marriage (we rented, prepaid debit cards, etc)

I am filing for divorce-... Read more »

2 Answers | Asked in Real Estate Law for Maine on
Q: I bought a piece of property in Maine in 2008. It was broken off from a larger piece of property.

I am now trying to sell this property and I am told that there is a problem with the title. What can I do?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 9, 2023

Hire a MA attorney to search the Title and make recommendations. It may involve a Quiet Title Action, Survey, Boundary Dispute Action, etc. Sometimes clouded Titles cannot be cured.

View More Answers

1 Answer | Asked in Employment Law and Employment Discrimination for Maine on
Q: How can I have my boss remove a formal reprimand in my file, placed there while I was on medical leave of absence?

I went on medical leave due to complications related to my father's death on September 22, 2022. I had experienced a lot of stress due to his untimely death and the fact that he was scammed out of his life savings in the months prior to his death. On September 20, I had a meeting with two... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 25, 2023

Unfortunately, employers have a lot of latitude regarding employee discipline and when and how write-ups are received and stored. There are no laws that would require your employer to remove a write-up from your file, even if the write-up is factually incorrect or inaccurate.

1 Answer | Asked in Personal Injury for Maine on
Q: If one is over-served alcohol at a casino and pass out, then they call ambulance,are they liable for medical bills?
Tim Akpinar
Tim Akpinar
answered on Apr 27, 2023

A Maine attorney could advise best, but your question remains open for two weeks. It could depend on the breadth and scope of the state's Dram Shop laws. These laws can differ from state to state. They are commonly applied in settings involving third-party victims, as in motor vehicle... Read more »

1 Answer | Asked in Real Estate Law and Probate for Maine on
Q: finding a deed when it is not at the registry of deeds because it was unorganized territory we have a will giving it to

husband and brother were given land over 40 years ago. it is in unorganized territory which subsequently became indep. there is not a place in centerville to obtain land records any more. we have been to the court house and there is no record of the deed. all parties that were grantors are... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 19, 2023

I have no idea what County you are referring to. But if no recorded Deed is in in existence, then the heirs might make claim (possibly arguing by adverse possession) and file a Quiet Title suit with publication notice. If the Will was Probated, then the Probate Court is your source of title and... Read more »

1 Answer | Asked in Real Estate Law for Maine on
Q: Does a security deposit get returned upon end of lease, or end of vacating the building?

I am moving and my roommate isn't (lease ends 4/30/23). He is starting a new lease with new roommates. The management company claims I will not be receiving my part of the security deposit back,and that we still owe this last months rent that we had paid upon signing the lease, due to... Read more »

Fred Bopp III
Fred Bopp III
answered on Apr 7, 2023

You should review the terms of the lease, which should specify when, under what circumstances, and how the landlord will return the security deposit.

1 Answer | Asked in Construction Law and Small Claims for Maine on
Q: Insurance claim after small claims court

I took a contractor to small claims due to faulty work. He did submit a claim with his insurance but denied responsibility. Insurance said they can't do anything until judgement. I requested judgement for the money I paid him (I didn't know I was supposed to submit damages then). I did... Read more »

Fred Bopp III
Fred Bopp III
answered on Mar 29, 2023

I don't see why not. Does the judgment you received indicate how much the Defendant owes you? I am not sure what you mean by you "didn't get payment for the cost of them."

1 Answer | Asked in Personal Injury for Maine on
Q: Am I liable if someone gets hurt on a swim float that I purchase and install on a lake in Maine?

I am a homeowner that's part of a lake association with a deeded access and rights to the association's beach and swim area. I would like to purchase and install a swim float on the lake out in front of the beach. My question is if I could be liable for someone using the float and... Read more »

Anthony K. Ferguson
Anthony K. Ferguson
answered on Mar 24, 2023

You need to review the language of the document that gives you access to the beach. I doubt that it gives you the right to put in a float.

1 Answer | Asked in Government Contracts and Gov & Administrative Law for Maine on
Q: What is the role of the common law in aviation, particularly given that the aviation industry, and pilots, are already s

What is the role of the common law in aviation, particularly given that the aviation industry, and pilots, are already subject to significant, specific federal regulation?

Tim Akpinar
Tim Akpinar
answered on Apr 17, 2023

A Maine attorney could answer best, but your question remains open for four weeks. You're right about federal regulations from agencies such as the FAA or TSA already applying. But as in other transportation sectors, there are contract, tort, and other matters involving the aviation industry... Read more »

1 Answer | Asked in Criminal Law for Maine on
Q: If I confess to a crime I did can I choose my jail time if it's reasonable?
Hunter J Tzovarras
Hunter J Tzovarras
answered on Mar 22, 2023

If you're convicted of a crime, it is up to the Judge to determine the sentence. You can ask for a certain sentence and give the Judge the reasons why it should be imposed, but ultimately it is up to the Judge to decide the sentence.

1 Answer | Asked in Contracts for Maine on
Q: A buyer signed a contract to pay for equipment but he stopped paying can I put a lien on his property if he doesn't pay?

The buyer signed a contract to make payment of equipment. He signed the contract under his name not a LLC or corp. He decided to stop making payments on the equipment and is 80k behind on payments. Can I put a lien on his personal property and home to force him to pay what he owes or do I have to... Read more »

Fred Bopp III
Fred Bopp III
answered on Mar 21, 2023

You will probably have to file a lawsuit. Depending on the relevant facts, however, you may be entitled to a mechanic’s lien. Maine law provides that “[w]hoever performs labor or furnishes labor or materials, . . . or performs services as a[n] . . . owner-supplier of equipment used in erecting,... 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.