Divorce in Maine: The Legal Process, Your Rights, and What to Expect - Softcover

Prescott, Dana E., Esq.; Jamieson, Neil D., Jr

Softcover

ISBN 10: 194049544X ISBN 13: 9781940495446

Verlag: Addicus Books, 2015

Inhaltsangabe

Providing accurate and objective information to help make the right decisions during a divorce in Maine, this guide provides answers to 360 queries such as What is the mediation process in Maine and is it required? How quickly can one get a divorce? Who decides who gets the cars, the pets, and the house? What actions might influence child custody? How are bills divided and paid during the divorce? How much will a divorce cost? and Will a spouse have to pay some or all attorney fees? Structured in a question-and-answer format, this divorce handbook provides clear and concise responses to help build confidence and give the peace of mind needed to meet the challenges of a divorce proceeding.

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Dana E. Prescott, JD, MSW, PhD, is a partner in the law firm of Prescott Jamieson Murphy Law Group, LLC and has been in private practice as a family law attorney in Maine since 1983. He is also licensed to practice law in Massachusetts. His firm has its principle office in Saco, Maine, but he practices across both states. He is a fellow of the International and American Academies of Matrimonial Lawyers and has served as president of both the New England Bar Association and the Maine State Bar Association. Prescott is also a former chair of the Maine State Bar Association&;s Family Law Section. He is certified as a guardian ad litem: he holds a masters and a PhD degree in social work and is a frequent presenter at conferences and panels. Prescott also teaches as adjunct faculty in the MSW and PhD program at Simmons College and has taught public policy and advocacy at Boston College, Boston University, and Salem State University. Neil D. Jamieson Jr., Esq., is a partner in the law firm Prescott, Jamieson & Murphy Law Group, LLC, in Saco, Maine. He specializes in matrimonial law and civil trials. Jamieson graduated from Bates College in Lewiston, Maine, and from the University of Maine, School of Law in Portland, Maine. He is a fellow in the American Academy of Matrimonial Lawyers and also a member of the York County Bar Association, Maine Bar Association, American Bar Association, and Maine Trial Lawyers Association. Jamieson has served on the board of governors of the Maine State Bar Association and as chair of the Young Lawyers Section and as the Maine State Bar Association secretary, vice chair, and chair of the Family Law Section. He has presented at numerous continuing legal education seminars for the Maine Bar Association. He was appointed to the Maine Judicial Selection Committee, on which he served from 2003 to 2010. He has served as president of the Kids First Center and currently serves as a Cumberland County commissioner. Jamieson resides in Scarborough, Maine, with his wife, Heather, and two daughters.

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Divorce in Maine

The Legal Process, Your Rights, and What to Expect

By Dana E. Prescott, Neil D. Jamieson Jr.

Addicus Books, Inc.

Copyright © 2015 Dana E. Prescott and Neil D. Jamieson, Jr.
All rights reserved.

ISBN: 978-1-940495-44-6

Contents

Acknowledgments, 
Introduction, 
1 Understanding the Divorce Process, 
2 Coping with Stress during the Divorce Process, 
3 Working with Your Attorney, 
4 Attorney Fees and Litigation Costs, 
5 The Discovery Process, 
6 Mediation and Negotiation, 
7 Domestic or Interpersonal Violence, 
8 Parental Rights and Responsibilities, 
9 Child Support and Medical Care, 
10 Spousal Support, 
11 Division of Property, 
12 Benefits: Insurance, Retirement, and Pensions, 
13 Division of Debts, 
14 Income and Other Taxes, 
15 Going to Court, 
16 The Appeal Process, 
In Closing, 
Appendix, 
Resources, 
Glossary, 
Index, 
About the Authors, 

CHAPTER 1

Understanding the Divorce Process

At a time when your life can feel like it is in utter chaos, sometimes the smallest bit of predictability can bring a sense of comfort. The outcome of your divorce may be unknown, thus increasing your fear and anxiety. But there is one part of your divorce that does have some measure of predictability, and that is the divorce process itself.

Most divorces proceed in a step-by-step manner. Despite the unique aspects of your divorce, you can generally count on one phase of your divorce following the next. Sometimes just realizing you are completing each stage in the legal process can reassure you that it will not go on forever.

Thus, it is critical that you acquire a basic understanding of the divorce process. This will lower your anxiety when your attorney starts talking about "discovery" or "going to trial" and you feel your breathing accelerate and your heart start pounding as frustration and costs mount. Most importantly, understanding the divorce process in the environment of the court will make your experience easier to organize and manage. We frequently hear the complaint that "no one told me what would happen." You have the right to know the "whats" and "whens" of the process so you can make informed and intelligent decisions about your life.

1.1 What is my first step?

We assume that you have tried to save your marriage, or that you and your spouse made a joint decision to divorce, or that your spouse has decided to file for divorce even if you disagree. We do encourage people considering divorce to make sure they have first explored the decision with a qualified therapist, mediator, or pastor, because once this process starts it does not usually result in a do-over between spouses. So be sure this is a decision you are making with as much rationality, clarity, and independence as you can muster in the moment. If you are the one triggering the divorce, your very first step is to reflect backward in time and make very sure your decision to divorce is one you wish to live with for the rest of your life.

1.2 Do I need a lawyer, or can I represent myself?

The Maine Supreme Judicial Court (called the "Law Court" by tradition) has written many decisions over many years telling divorce litigants that they have every right to represent themselves in court without a lawyer. The term for doing so is pro se. We believe in the public's right to do this. Our experience is that some of you will find the cost of a family lawyer unaffordable, but some of you will choose to represent yourselves because you want to do what you want to do and a lawyer's advice interferes with that behavior. Really — this occurs much more than you might think.

Maine courts have also said, however, that if you represent yourself, you will be held to the same rules of practice and evidence that apply to a client with a lawyer. Fair or not, those are the rules of divorce hearings or trials in Maine for all judges and lawyers and parties. Organizing and conducting a trial, when a settlement is not possible for whatever reason, is not simple. Many of the rules of evidence that apply to all civil cases, including divorce, have evolved over centuries. Some of the special rules or exceptions are a function of legislative policies concerning domestic violence or child abuse, for example.

Even if you read this book and decide to represent yourself, you should find a lawyer or law firm that handles divorce as a regular part of its law practice, so you can consult with them during your case. Whatever you do, you should not wait until the last minute to get that advice, but make sure that your consulting arrangement is comfortable for you and in place before you face a trial.

1.3 How do I find a lawyer?

The best recommendations for a lawyer come from people who have knowledge of a lawyer's experience and reputation. You can use the Internet to search for fellows of the American Academy of Matrimonial Lawyers, members of the Family Law Section of the Maine State Bar Association, the MSBA's Lawyer Referral Service, Volunteer Lawyers, domestic violence agencies, Pine Tree Legal Services, or other professional organizations that train and educate lawyers. See Resources at the end of the book for contact information. Look for multiple sources if possible.

However, please be careful with online reviews or one person's opinion. A lawyer may have handled hundreds of cases over many years ethically and professionally, but then have an outcome that angers one person who may have his or her own agenda.

At a minimum, you should have an initial consultation with an attorney to discuss your rights and duties under Maine law, including creative solutions and referrals to other professionals you may not have considered or even known could help, such as a forensic psychologist or accountant.

Even if you are not ready to file for divorce yourself, your spouse might be, so call to schedule an appointment to obtain information in order to protect yourself. Make sure the lawyer you contact conducts a conflicts check to make sure your spouse has not already made an appointment. This frequently happens in small towns. Except under very unusual circumstances, the lawyer you hire cannot represent both you and your spouse.

Ask what documents you should bring to your initial consultation. Make a list of your questions for your first meeting. You may be quite nervous, so write everything down and take notes. Any competent lawyer will respect and encourage you to do so.

Although you need to start making plans for how you will pay your attorney to begin work on your case, slow down and reflect on what you hear from any lawyer you meet. Ask yourself: Does this advice fit my values? Will this lawyer help me feel safe and protect me from unfair use of the judicial system? Will this lawyer encourage my spouse and me to treat each other respectfully, to tell the truth, to be transparent about finances, and to protect our children from conflict? Am I hearing advice that I would not want my children or family members to hear because it sounds like a plan for an expensive and unforgivable means to reach a solution for my family rather than an intelligent and ethical approach?

1.4 What general steps are taken during the divorce process?

The divorce process typically involves the steps listed below. We will provide more details and definitions later in the book, but this is the basic list to have in mind as you read. This is not a short...

Details zur Ausgabe

• Verlag: Addicus Books
• Erscheinungsdatum: 2015
• Sprache: Englisch
• ISBN 10: 194049544X
• ISBN 13: 9781940495446
• Einband: Taschenbuch
• Anzahl der Seiten: 260
• Kontakt zum Hersteller: Nicht verfügbar
• Verantwortliche Person: Nicht verfügbar