You can file for divorce in Maine if:. Maine law requires a minimum day waiting period between the filing of all the necessary divorce paperwork and the final hearing. See more information about filing for a divorce. See more information about Parental Rights and Responsibilities. Tip: Even if you and your spouse agree that only one of you will be responsible for particular joint debts, the creditor is not bound by this agreement and may still demand payment from either of you. Tip: Many states have a required waiting period of anywhere from 30 to 90 days before a final hearing will be scheduled.
At the end of the waiting period, your hearing will be scheduled. However, it still may be another couple of weeks before you go to court, depending on how busy the court is. For example, in some U. From there, submit your paperwork and filing fees to the court. For more advice from our Legal co-author, including how to negotiate parenting time, read on!
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Article Summary. Part 1. All rights reserved. This image may not be used by other entities without the express written consent of wikiHow, Inc. Confirm that you are eligible to file for divorce in the state where you live. Each state has residency requirements that you must meet if you want to file for divorce in that state. Typically, you must have lived in the state for at least 6 months to a year. Some states require a longer period of residency. However, there are often exceptions made.
You may not be able to file for a no-fault divorce in that situation. The specific court where you file your divorce typically will be the one in the county where you and your spouse live.
If you and your spouse live in different counties, you may need to file in the county where your spouse lives. Visit a family law attorney for a free initial consultation. Family law attorneys always provide a free initial consultation. They may be able to help you in a limited capacity for a reduced rate.
This could help you afford an attorney. Legal aid offices sometimes provide assistance for divorces free of charge. Check for forms you can use if you're filing on your own. Family courts in most states have forms you can fill out if you want to file for divorce without hiring an attorney. Typically you can download these forms from the website for your state's court system. Some local courts have their own forms, such as a particular cover sheet, that must be included.
Typically, there will be different forms if you and your spouse have children or if you own a house together. Make sure you've picked the right forms. If you need help, the clerk's office of your local family law court can tell you which forms you need based on your circumstances.
Reach a separation agreement if required. Some states, such as Massachusetts, require you and your spouse to come to a preliminary agreement on child custody, child support, and how you will divide your property before you can file for divorce.
This agreement can be a temporary agreement between you and your spouse or one that you intend to make part of the final divorce judgment. If a separation agreement is required, the state court website will have information and forms for you to use. At a minimum, the separation agreement will govern relations between you and your spouse until your divorce is finalized.
If you and your spouse have problems communicating or there has been a history of abuse, you may want to use mediation services or hire an attorney. Complete your divorce petition. Through the divorce petition, you provide the court with information about yourself, your spouse, and your marriage. The petition is a document that formally asks the court to declare a legal end to your marriage. If you're working with paper forms you can write your answers. Print clearly and neatly using black ink.
To complete the divorce petition, you will have to provide information about your spouse, including their full legal name, date of birth, and current residence. If you don't have all of this information and don't know how to get it, talk to an attorney. Finalize and sign your divorce petition. After you've filled out the petition and other forms, read over them carefully and make sure all the information is correct.
If you typed your information in the form, check for typos. Before you sign and date the forms, check if there is a notary block below the place where you're supposed to sign. If there is, don't sign your forms until you're in the presence of a notary. However, many states do require this if you are not represented by an attorney. When you go to the notary, you will need a valid, government-issued photo ID so the notary can validate your identity.
The notary will not read your forms — their only job is to certify that you are the person who signed the documents and that you did so of your own free will. Gather supporting documents.
At a minimum, you will need an official copy of your original wedding certificate to accompany your divorce petition. Some states may require other documents, such as birth certificates for any children you and your spouse have. If you don't have a copy of your wedding certificate, you can order one from the state vital records office of the state where you were married. If you were married in a different country, such as on a destination wedding, you would need a wedding certificate from the state where you registered as a married couple after you returned to the US.
It may take up to 2 weeks for you to get your copy in the mail, so plan accordingly. Fill out forms to request temporary orders if necessary. Through a temporary order, the judge can require your spouse to pay you child support or spousal support, or order them to pay certain bills while your divorce is pending. If there has been abuse or you are concerned for your safety, you can also get a temporary restraining order against your spouse.
Temporary orders only last until the divorce is finalized. If you want the same arrangements to continue after the divorce, those details must be included in your final divorce decree. Take your forms to the family court clerk. Once you've completed all the necessary forms, make at least 2 copies of the completed forms. Take the copies and the originals to the court clerk of the court that will hear your divorce. One of those copies is for your records. The other must be delivered to your spouse.
Pay your filing fees or apply for a waiver. If you can't afford the fees, you can apply for a fee waiver. This means that your divorce cannot be contested by your spouse, and both of you have settled on all the property, support, childcare, and financial matters. If your spouse does not agree on all items regarding the divorce and is being difficult on the subject, try using a divorce mediator Benefits of a mediator to ensure that both of you are able to come to a reasonable win-win outcome.
By using a mediator, this will also save you both thousands of dollars by not having to get attorneys. What does it mean to file online? PRO: Saves you time and allows you to finish your paperwork in one place.
How does it work? How much does it cost? PRO: Saves you days and in some cases weeks. Are These Services Safe? How long do online divorces take? Like Another Service Not Mentioned?
They offer at least telephone support : There are a lot of these online divorce paper services and some of them do not offer telephone support to help you fill out the paperwork when-when you run into an issue. They will offer email support but sometimes its best to speak with someone by phone. Try to make sure that the provider that you are considering offers you a way to talk by phone. If the provider does not have a guarantee to ensure that the divorce paperwork is updated and the state will accept them, run the other way.
This is a big no-no in this industry, so make sure that there is a guarantee because states change things all the time. A great online reputation : This is much easier to figure out because you can simply do a search for the company name and the word review behind it, and you will get a great idea of how good a company is. This seems like a no-brainer but so many people skip this step and find themselves with a crappy service.
Take a look at our reviews to get a better idea as to what is on the market now. Divorce is a legal procedure and, more precisely, a lawsuit brought by one spouse against the other.
Although an attorney is not a requirement for divorce, legal counsel may be advisable in more complicated divorces. In most jurisdictions, you must file a Petition for Divorce or similar form along with supporting documents with the local court to begin the divorce process. While many states have an expedited process for uncontested divorces, this may be more complicated for couples with children or larger estates.
You will need to pay a filing fee when you file for divorce. This is typically a few hundred dollars, but many courts allow you to petition for a fee waiver if you are without funds. If you file online, you will need to pay the fee using a valid credit or debit card. Filing for divorce in the United States can be difficult without expert assistance. Try using an online divorce service to make the process easier.
If any questions come up during or before filing for a divorce online, ask a lawyer online at JustAnswer. There is almost always a residency requirement to file for divorce, so learn the details from your local court. There is often a minimum period for a divorce to finalize depending on which state you live in. While officially, this may range from 30 to days, it is usually a much longer wait due to judicial caseloads.
If you are seeking a no-fault divorce, you must typically only demonstrate that you and your spouse have irreconcilable differences. A handful of states still allow you to divorce your spouse based on their immoral behavior. The most common fault grounds for divorce include:. US Divorce Process Requirements to file for a divorce Divorce is a legal procedure and, more precisely, a lawsuit brought by one spouse against the other.
The most common fault grounds for divorce include: Abandonment Separation Adultery Cruelty Imprisonment Habitual intoxication. Step 2: Provide legal notice to your spouse Divorce is actually a legal procedure between you and your spouse, so, in order to satisfy legal requirements, you must properly notify your spouse that legal action is being taken against them.
You may fulfill this legal requirement in one of the following ways: In person—the majority of states allows anyone who is 18 years of age or older and is not a party to the lawsuit to serve the divorce papers in person. In most cases, the process server is a sheriff or a professional, bonded process server.
By mail—Some states allow you to mail the divorce papers to your spouse, but you must usually provide a delivery receipt or a signed Acknowledgement of Service form to prove service occurred.
By publication—If you are unable to locate your spouse, you may ask some courts to serve notice by publication. If the court approves, then you may post notice of the divorce in a local newspaper to satisfy the process service requirement. Default If your spouse does not respond to the Petition for Divorce, then the judge may assume that the respondent is waiving their right to participate in the divorce proceedings.
Uncontested If your spouse does not wish to contest the Petition for Divorce, they may file an Answer that concedes all of the requests in the Petition. Contested If your spouse files an Answer that disputes details in the Petition for Divorce, then the judge will order you and your spouse to trial.
Step 3: Contested or Uncontested dissolution of marriage?
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