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FAMILY MATTER SUMMARY SHEET: M.R. CIV. P. 5(h) This form is used for entering basic information about the case and the parties into court records. You must complete and file this form with the Clerk.
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JUDICIAL FAQ
If you have been served with court papers in a divorce or parental rights and responsibilities case, you may file a written response (called an "answer") within 21 days of when you received the papers. Your answer or response may include a “counterclaim” (a claim against the plaintiff).
The Maine Superior Court is Maine's trial court of general jurisdiction and is the only level of court where jury trials are available. Courts are located in each of Maine's eight judicial regions.
After you have completed and filed the forms with the court, you must arrange to serve the paperwork on the defendant. This means that you must get a copy of the forms to your spouse by official means, like having a sheriff or process server personally hand the divorce documents to your spouse.
In either case, Maine law requires a minimum 60-day waiting period between the filing of all the necessary divorce paperwork and the final hearing. Your case may take longer than 60 days, especially if you and your spouse do not agree on all issues.
However, the parties are under no obligation to agree to anything. If necessary, Maine law permits either party to seek a temporary Court order that will govern some of the parties' conduct until the conclusion of the divorce.
If you respond, this means you will participate in the divorce process and have input on any court decisions. You and your spouse may still agree and not need to go to court. If you don't agree, you can use a court process to have the court decide. File your Response within 30 days of getting the Petition.
Small claims court is a simple, speedy and informal court process in which the plaintiff (the person suing) is seeking a money judgment of $6,000 or less. Parties involved in small claims cases often represent themselves but they may also hire an attorney. Small claims court is a session of the District Court.
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