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Maine Divorce Forms
This is a list of the most commonly filed divorce forms for the state of Maine. Following the list is a brief summary of each form and its purpose. This list of forms is not exhaustive and not all forms listed are required for every divorce. Due to unique case situations and special divorce filing procedures in Maine, certain forms may or may not be required by the Maine courts.
FM-002, Confidential Family Matter Sheet
The Confidential Family Matter Sheet, a one-page form, identifies the parties and the type of action.
FM-004, Complaint for Divorce (With Children)
The Complaint for Divorce (With Children), a two-page form, identifies the parties and their children, establishes the court’s jurisdiction, states the grounds, and notes real estate interests of the parties. It also establishes the five-year residential history of the children, and whether any other party has physical custody or claims visitation rights to the children.
FM-005, Complaint for Divorce (No Minor Children)
The Complaint for Divorce (No Minor Children), a one-page form, lists the ground for the action and the type of relief sought. It identifies the parties and their children, establishes the court’s jurisdiction, states the grounds, and notes real estate interests of the parties.
CV-038, a Family Matter Summons and Preliminary Injunction
The Family Matter Summons and Preliminary Injunction must be obtained in person from the clerk at the time of the filing. It informs the Defendant that the action has begun, enjoins him or her from dissipating marital assets, and gives him or her 20 days to file an Answer.
CV-036, Acknowledgment of Receipt of Summons and Complaint or Post-Judgment Motion
The Acknowledgment of Receipt of Summons and Complaint or Post-Judgment Motion acknowledges the Defendant’s receipt of service, which is the Complaint and the Summons, and establishes that he or she will participate in the case.
FM-052, Federal Affidavit
The Federal Affidavit, which must be signed in the presence of an Attorney, Notary Public, or the Clerk of the Court, attests to the fact that the Defendant is not in the military and therefore enjoys no protections afforded by the Servicemembers’ Civil Relief Act. The Plaintiff must be file this form if the Defendant fails to file an Answer or enter an Appearance.
Answer and Counterclaim or Answer and Counterclaim For Parental Rights and Responsibilities
The Defendant may file an Answer and Counterclaim for Divorce in which he or she agrees or disagrees with all or some of the allegations in the Complaint. The Counterclaim is essentially his or her allegations and requests in the divorce. The Answer and Counterclaim may also be an assertion of his or her claims about Parental Rights and Responsibilities, in which he or she asserts his or her claims about his or her rights and responsibilities in regard to the children.
FM-043, Financial Statement and CV-056, Certificate Regarding Real Estate
Both spouses must file a Financial Statement, a seven-page form that details the finances of each. This form is used when the spouses disagree about the division and distribution of the marital estate or alimony. If either party owns real estate, the spouses must complete a CV-056, Certificate Regarding Real Estate, so that the title to the land will be clear after the divorce.
CV-072, Motion for Service by Publication and Affidavit
The Motion for Service by Publication and Affidavit describes the Plaintiff’s effort to located the missing spouse.
CV-144, Order for Service by Publication
The Order for Service by Publication, when signed by the judge, permits the Plaintiff to advertise the legal action in a newspaper. The Motion for Service by Publication and Affidavit must be filed before the Order for Service by Publication can be issued. After the Order for Service by Publication is issued, the Plaintiff writes a cover letter to the newspaper selected to publish a notice of the action.
After the notice is publish once a week for three successive weeks, the newspaper returns the Verification, attesting to the publication and enclosing a tear sheet showing actual publication.
FM-040, Child Support Worksheet
The Child Support Worksheet is used to make the calculations by which child support is determined.
FM-050, Child Support Affidavit
The Child Support Affidavit stipulates the terms and conditions of child support.
FM-020, Entry of an Appearance
The Entry of an Appearance, filed by the Defendant, is used when he or she wishes to testify to all of some of the following issues: alimony, child support, attorney’s fees, and the division of marital and nonmarital property.
FM-042, Certificate in Lieu of Financial Statement
The Certificate in Lieu of Financial Statement, one signed by each spouse, can be used when neither party is seeking alimony, attorney’s fees, owns real estate, and all personal property has been divided to the satisfaction of both parties.
FM-054, Certificate in Lieu of Case Management Conference
The Certificate in Lieu of Case Management Conference can be filed when the couple come to an agreement, and the action can move along toward a final hearing.
CV-067, Application to Proceed Without Payment of Fees, and a CR-032, Indigency Affidavit
Indigent Plaintiffs or Defendants may file a CV-067, Application to Proceed Without Payment of Fees, and a CR-032, Indigency Affidavit. If approved by the court, these forms may exempt him or her from payment of some or all fees associated with the action.
Maine distributes property equitably, but this does not necessarily mean equally. The court takes several factors into account including the length of the marriage, each spouse's contribution to the property and economic circumstances among other things. Property acquired after a legal separation, gifted or inherited property, and any property a spouse may have had provisions for beforehand, is not included.
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