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Maine judges must consider the child's custodial preference whenever the child is old enough to have a meaningful opinion. There is no set age when the court will consider the child's opinion; the judge decides whether the child is "old enough" on a case-by-case basis.
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).
A person seeking to be adjudicated a de facto parent of a child shall file with the initial pleadings an affidavit alleging under oath specific facts to support the existence of a de facto parent relationship with the child as set forth in subsection 3.
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.
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.
Under current Maine law, if a couple has minor children, then they will be required to engage in mediation if they are not able to reach an independent agreement on all aspects of their divorce. Initially, couples will be given the opportunity to independently determine the various aspects of their case.
The Maine courts take this matter seriously and if the other parent objects to the relocation, a judge will need to intervene and there may be a trial. The parent intending to relocate will need to apply for a change of the parental rights and responsibilities (custody) order.
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.