Maine Joint Petition for Bifurcated Divorce

Category:

Family Law - Divorce - Petitions

State:

Multi-State

Control #:

US-03179BG

Format:

Instant download

Description

In a bifurcated divorce, the marriage is terminated, but other issues, such as the division of property, alimony, child support or custody arrangements, are left to be determined at a later date or at trial. Couples pursue a bifurcated divorce when one or both spouses want to terminate the marriage quickly, perhaps so they may remarry, and are willing to resolve other issues at a later date.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Maine has an equitable distribution or common law system of marital property, which is true for the majority of states. Under this system, marital property isn't automatically assumed to be owned by both spouses and therefore should be divided equally at divorce.

Property laws in California say that any assets or debts acquired by any spouse during their marriage are owned and owed by both of them. And it does not matter which spouse earned money to buy something. In a divorce, all this marital property will be split 50/50.

Under Maine law, the minimum period of time before a final divorce can granted by the Court is sixty days from the day the summons and complaint were served on the other party. However, most divorces take several months to work through all of the issues.

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 court will divide your property ?equitably,? which means fairly, based upon the specific circumstances of your family. Equitable division of marital property does not necessarily mean that property will be divided equally. Equitable division also does not necessarily depend upon which spouse paid for things.

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.

Divisible property is anything that was acquired during marriage that gains or loses value post-separation. For example, if a couple bought a house and before they separated, it was worth $175,000 but during their separation, the worth goes up to $250,000, that added $75,000 is considered divisible.