Divorce is one of the most challenging times that people experience, and oftentimes the complicated legal elements of that have the potential to greatly worsen stress levels. In any case, you should consult legal support during this transitional time to ensure that it goes as smoothly and fairly as possible.
Who's at Fault?
If someone is at fault for the dissolution of this relationship, such as through adultery, physical or mental abuse, use of drugs, abandonment or otherwise, and that person does not accept responsibility, that adds a layer of complications.
Conversely, if that acceptance has been made or a no-fault divorce is desired by both parties, things should be much more straightforward. That said, consulting the services of a lawyer is still recommended to ensure that this is the case for you two.
Common Legal Issues
There are a few types of legal issues that will need to be resolved as your divorce moves forward.
Property Division
What will happen to property that you two own? In Maine, it will be divided in an equitable way, meaning that the intent is for this to be done fairly but not necessarily equally. In other words, an exact 50-50 split is unlikely unless both parties agree to that beforehand.
Related to this is determining who will stay in the family home if both of you want to without the other being there.
Spousal Support
Advertisement - scroll to continue readingShould alimony be awarded? This often occurs when one of the partners makes substantially more money than the other, but, even then, it is not guaranteed to be a part of the final decision as other factors will also be taken into account.
Note that future income potential differences will play a role as well.
Child Support and Custody
Custody of any children is one of the most important elements of a divorce case. Again, this is a simple process if both agree on who should receive it. However, it also has the potential to be amongst the most difficult elements of divorce proceedings, procedurally and emotionally, if that agreement is not in place.
Parental time for the party without custody must also be determined.
Also, depending on income differences between you two, the one who does not receive custody will need to provide child support to the other to ensure that the children are taken care of.
In any case, a divorce lawyer will help ensure that your children's best interests will be protected.
Are You Eligible for an Annulment?
An annulment, which would declare that your marriage is null and void and essentially never happened, might be possible.
Examples of possible legal grounds for annulment include one spouse having already been married when you got married, you two being close relatives, one or both of you having been underage when you got married and fraud having played a significant role in your marriage agreement.
Legal Assistance
We at Bourget & Banda are knowledgeable about Maine's divorce laws and procedures and will simplify this complicated and oftentimes emotional process for you and ensure that you are awarded what you deserve.