Can I Get A Simple Divorce If We Have Children In Maine?

Marital dissolution is an unpleasant and emotionally challenging experience, especially when children are involved. The fear of losing custody or visitation rights can be overwhelming for parents. However, Maine offers the possibility of obtaining a simple divorce even when children are part of the equation. In this article, we will explore the process and outline important considerations for couples going through divorce with children.

The Child Custody and Support Agreement: Ensuring the Best Interests of the Child

In Maine, the court has a requirement for divorcing parents to establish a child custody and support agreement. This agreement outlines crucial aspects, including living arrangements, visitation rights, and child support payments. While parents can draft this agreement themselves, it can be beneficial to seek the assistance of a mediator to ensure the arrangement is fair and serves the best interests of the child.

Uncontested vs. Contested Divorce: Agreeing on Settlement Terms

Divorces in Maine are categorized as either uncontested or contested. An uncontested divorce is where both parties mutually agree to the terms of the divorce settlement. On the other hand, a contested divorce occurs when the parties fail to reach an agreement, necessitating a judge’s ruling.

Simple Divorce: A Streamlined Option for Uncontested Divorces

In Maine, a simple divorce falls under the umbrella of uncontested divorces. It offers a streamlined process that is not only faster but also less expensive and less complicated compared to a regular uncontested divorce. However, specific criteria must be met to qualify for a simple divorce in Maine. These criteria include:

• Agreement of both parties to the divorce
• No involvement of minor children
• Duration of the legal marriage being less than eight years
• No ownership of real estate jointly or individually
• Total assets valuing less than $25,000

The Role of the Court: Ensuring Compliance and Finalizing the Divorce

Once the divorce papers are filed with the court, a judge carefully reviews them to ensure compliance with Maine state law. If all the requirements are met, the judge will approve the papers, ultimately granting the divorce. However, if the judge anticipates any concerns or issues, a hearing may be required to address them and ensure a fair resolution.

What if I Have Children? The Uncontested Divorce Option

If you have children, a simple divorce is not an available option. However, you can still pursue an uncontested divorce by working together to create a child custody and support agreement that prioritizes the child’s best interests. This alternative allows you to reach a mutually agreeable resolution while minimizing the negative impact on your children.

Conclusion: Navigating Divorce with Care and Professional Support

Divorce can be a challenging experience, particularly when children are involved. However, in Maine, it is possible to navigate an uncontested divorce that is relatively straightforward and amicable. Whether you qualify for a simple divorce or not, enlisting the assistance of an experienced family law attorney is crucial to protect your rights and interests. With their guidance, you can strive for the best possible outcome for both you and your children, fostering a path towards a brighter future.