The most common remedy available for the enforcement of decrees in divorce proceedings is the initiation of contempt proceedings. This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Maine Motion for Order and Order to Show Cause Regarding Contempt Proceeding for Nonpayment of Alimony
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How to fill out Motion For Order And Order To Show Cause Regarding Contempt Proceeding For Nonpayment Of Alimony?
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FAQ
A motion is the method used to speak to the judge about a matter in your case. For example, a motion may be brought to ask the court to set aside a default or vacate a default judgment, or it may be brought to ask the court to order a judgment to be paid in installments.
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.
A Motion for Contempt is a more serious alternative to a Motion to Enforce and is more difficult to prove. In order to prove that someone is in contempt, you must show the court by clear and convincing evidence that the other party: Is not following the court's order; That the party has the ability to do so; and.
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).
In Maine, adultery is a ground for a fault-based divorce. This means that if you or your partner was unfaithful during marriage, that fact can be used to press a petition for divorce.
The subpoena shall contain a warning that failure to obey it may result in arrest and that if the court finds the alleged contemnor to have committed contempt, the court may impose sanctions that may include fines and imprisonment, or both.
Reasons for a Contested Divorce in Maine Almost any issue within a divorce can be grounds to pursue a contested divorce. If you think about the reasons you generally argue with your spouse, these same issues are likely the ones that will direct you to file a contested divorce.
In Maine, judges are bound by the ?equitable distribution? standard. This means that marital property is to be divided in a manner that is fair and equitable to both parties?not necessarily an equal 50/50 split, though that is sometimes the case.