What to Do When You’ve Been Served Divorce Papers

A divorce starts in Maine when one party files a complaint for divorce with the District Court in the county in which either spouse resides. As part of this initial process, the divorcing spouse ( the “complainant”) serves the opposing party (the “defendant” or “respondent”) with the divorce papers  to notify them of the official divorce proceedings.

The receipt of these divorce papers may take some respondents by surprise. Even those who expect the divorce action may not be clear on the next steps or become confused by the emotional fallout of a relationship about to end.

This article explains in simple steps how to navigate the legal jargon and what to do if you’ve been served with divorce papers in Maine.

When the family law system refers to “divorce papers,” it helps to know what documents this includes. There are two main items in Maine divorce papers:

1. A complaint, which is the main document outlining the request for a divorce and any claims for property division, child custody, support, etc.
2. A Summons and Preliminary Injunction (Family Division), which notifies the spouse of the case and imposes certain legal restrictions by court order (e.g., no transferring property, no taking children out of state without written consent, etc.).

Like most legal documents, divorce papers are not very user-friendly. Some of the legal jargon can be confusing and you may need the help of a divorce attorney to decipher it.

Regardless of the circumstances when you are served divorce papers, try to remain calm, even if it is unexpected. Becoming emotional, angry, or indignant will not help matters and could make them worse.

The next actions you take could have a major impact on your legal case. Calmly re-read the papers, note any legal restrictions placed on you by the court, and be sure to follow them closely.

Resist any temptation to lash out on social media or contact your spouse as he/she has likely already been advised by a divorce lawyer about a possible approach from you. Instead, seek the emotional support of family or friends if required, gather your thoughts, and consider your next steps.

If you’ve been served with divorce papers in Maine, the summons will advise that you have 30 days to respond in writing by filing your own papers with the court. You can file a motion for an extension of time that will grant you an additional 30 days if required.

The response must be filed with the Clerk of Court and served on the complainant or the complainant’s attorney. It alerts the court to whether you agree or disagree with the complaint and you can also file a counterclaim for divorce (more about this later).

Under Maine’s divorce laws, a minimum 60-day waiting period is required between filing all the necessary divorce paperwork and the final hearing. However, most cases take much longer than this—from six months to a year or more if many issues are disputed.

Your next step before taking any further action should be to consult with an experienced divorce attorney, even if you are in general agreement with the divorce action.

If you contact an attorney within a week of receiving the divorce papers, this will give you and your lawyer plenty of time to discuss and compile a response.

Your attorney will protect your legal rights throughout the entire divorce process, help you navigate the legal hurdles, and work toward the best possible outcome for the future.

A lawyer can also relieve much of the stress associated with a divorce by noting deadlines, advising on and mediating communications, and advocating for your best interests when it comes to property division and support. Legal assistance is especially important if there are children from the marriage and you need to work with your spouse to arrange custody and parenting matters.

By consulting early on in the process with a divorce attorney, you will be better prepared for what to expect.

The divorce process involves considerable documentation about financial and domestic matters, as property division, support, and custody issues are resolved.

It’s best to begin compiling and organizing these papers as soon as possible after the divorce proceedings start. Speak to your attorney for advice about what to do and what not to do when it comes to your finances and the necessary documents.

Generally, you should try to gather the following:

• Documents to establish your income, assets, debts, and overall financial status, such as bank statements, tax returns, retirement account statements, credit card statements, loan documents, etc.
• Birth certificates, medical records/bills, insurance cards, and any documents that demonstrate the costs of education or daycare for any children.
• Documentation that demonstrates your past and ongoing involvement in your children’s lives.

When you receive divorce papers, you have the opportunity to respond before the 30-day deadline. Not only should you do this but you should also discuss with your attorney whether to file a counterclaim.

By doing this, you inform the court that you want to:

• Be involved in the divorce proceedings.
• Counter the terms of the initial division of assets.

After filing your response to the divorce papers, it’s time to work with your lawyer on building your case.

Even if your divorce appears to be generally amicable, disputes can easily arise when children and assets are involved. It’s best to be realistic with your expectations and be prepared to support these expectations with the necessary documentation.

You’ll need to compile financial records and an inventory of your assets, using the documentation you gathered previously. It’s also generally advisable to open separate bank accounts and use those for future paychecks rather than joint accounts held with your spouse.

Property, assets, and debts acquired during the marriage are subject to Maine’s equitable property division laws during a divorce.

An information exchange process between the two spouses will take place relatively soon after divorce proceedings are initiated. Full transparency and disclosure of assets are necessary before any property division issues can be settled. Hiding assets is inadvisable but quite common in divorces.

When documents are requested for financial disclosure, your spouse is legally obligated to produce those documents for your attorney’s review.

Once all information has been exchanged, spouses can collaborate to achieve a fair division of marital property/debts, most commonly through negotiation or mediation.

If no resolution is possible, arbitration or litigation may be required to resolve matters.

If there are minor children from the marriage, a case management conference will initially be scheduled in front of a Family Law Magistrate at the District Court in which your divorce was filed. Mediation is usually scheduled unless the parties already have a full agreement.

Divorces that do not involve minor children are initially scheduled for an uncontested divorce hearing, but if no divorce agreement has been made, the judge may again suggest mediation.

For legal assistance with any aspect of a divorce in Maine, speak to an experienced family law attorney at The Maine Divorce Group during an initial consultation.