What Do I Need to Know About Filing Divorce in Maine with Help Yourself Divorce?

Help Yourself Divorce is a no-fault divorce service, for those who agree on the terms of the divorce and are both willing to sign the papers. The following is a list of requirements and information about what to expect from the process. Please note that this will only apply if you use the services of Help Yourself Divorce. Those seeking to use another route for their divorce should perform their own research about what to expect from the process.

Grounds for Divorce in Maine.

Because Help Yourself Divorce is a “no-fault” divorce service, we will prepare your divorce papers based on the no-fault grounds of “irreconcilable marital differences.” This means you and your spouse agree to file a no-fault divorce.

Maine Residency Requirements.

To file for divorce, you must meet one of the following residency requirements:

  1. The plaintiff must have resided in the state of Maine for 6 months; or
  2. The plaintiff must be a resident of the state of Maine (for any length of time) and the parties must have been married in Maine or resided in Maine when the cause of the divorce occurred; or
  3. The defendant must be a resident of the state of Maine.

If you and your spouse have minor children, the court must have jurisdiction over them. Generally this means your children must have lived in Maine for at least six months and currently live in Maine, or have lived in Maine within six months of filing.

Please note that you may be able to qualify for residency based on other requirements. If you are not sure whether you fall into one of the above categories, please seek advice from an attorney.

Filing for Divorce.

Generally you will file for divorce in the Maine county where either spouse resides.

Maine Divorce Filing Fees.

When you file the papers, you will have to pay a separate filing fee to the Courts. Please check with your local court clerk to find out how much the current filing fee is.

Serving Your Spouse.

After filing the divorce papers with the Court, you need to “serve” your spouse with a copy of the divorce papers. However, in an agreed divorce it is not necessary to use a formal process server or Sheriff. All you need to do is mail a copy of the divorce papers via certified mail, return-receipt requested, and file the green card with the court to prove service.

Waiting Period.

There is a 60 day waiting period after filing your divorce papers, before your divorce can be finalized. However, how long it actually takes for the Court to finalize your divorce really depends on the schedule of the Court.

Maine Final Uncontested Divorce Hearing.

A final divorce hearing is required in all divorce cases. The Plaintiff is the only one required to attend, however the Defendant can also attend if he or she would like.

 

If you have any questions about whether our service is right for you, please don’t hesitate to contact us.

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.

 

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