DIVORCE LAW FAQ
Divorce Law FAQ

Alimony, Child Support & More in the Pine Tree State

This really depends on how much you and your spouse agree on when it comes to asset sharing. If there are children involved, you can expect your case to take longer. Even if you don’t have children together, Maine law requires a 60-day waiting period between the filing date and the final hearing. But please be warned that more complex cases can take longer than 60 days.
Q: Do all divorce cases end up going to trial?
The simple answer is no, it will depend on how much you and your spouse agree upon. Once the divorce papers are formally filed and received by all parties, the spouses will be seen during a pre-trial conference before a judge if there are no minor children involved. If there are minors involved, the couple will go before a case management conference with a family law magistrate. If a couple is fully agreeable on all matters, the final hearing may occur then too. If they are not, this stage will help to determine a plan for resolving issues where there is disagreement. Mediation may be one option. 

If you are unable to come to an agreement on any issues, the court may be required to decide for you. This is where contested hearing and final hearing take place, which are much like a trial with both sides calling witnesses and entering evidence. Following the final hearing, the court issues a legally binding decision.

Q: How is alimony determined?
Typically, if one spouse earns a considerably higher amount of money than the other spouse in a divorce case, spousal support, or alimony, will be ordered by a court. The exact amount and length of alimony depends. There are five types of alimony in Maine:• Interim support – awarded only while the case is pending
  • General support – awarded to spouses with less earning potential 
  • Transitional support – short-term support meant to help with life changes following divorce
  • Reimbursement support – may be awarded in cases where one spouse is involved in economic misconduct, or has spent a significant amount on education or job training for the other
  • Nominal support – a small amount of money that only serves as a temporary fix, so the alimony order can be changed in the future
Q: Will I be granted full custody of the children?
Any court decision regarding minor children will be based on their best interest. Many factors are considered when determining custody, the primary of which is the safety of the child. Other factors include the child’s age and preference, living arrangements, and parent/child and parent/parent relationships. Any domestic abuse is also considered.

Call To Schedule Your Consultation

Attorney Gregory W Files serves Windham, ME and all of Cumberland County. We are ready to help you achieve the best possible outcome in your divorce law case. Call to get started today!
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