On Trial for Divorce in Maine
Maine is one of eleven states in the United States that permit jury trials for divorce cases. If you have gone to trial for a divorce, you are certainly in what divorce attorneys call a contested case. Contested cases can be very nasty ordeals for all concerned, including the divorce lawyers. In a divorce trial, not only do you experience the humiliation of exposing the reasons for a failed marriage to the public, a stigma is often attached to the participants who may endure a lifetime of shame for their failure to live up to societal expectations.
Whether Maine society is right or wrong in the judgmental way some approach divorce, or whether or not your humiliation is self illusion, before entering a contested marital divorce, you may want to ask yourself a couple of simple questions. First of all, is there any way for reconciliation between you and your spouse? With approximately a million and a half people living in Maine, over 83 percent consider themselves as belonging to some type of religion, and over 82 percent of the population consider themselves as Christian. With strong similar values, work ethics, and community minded service of Maine Christians, there should be no wonder the legal system in Maine has been influenced by this group when it comes to the marriage institution. Maine natives value hard work and commitment, traits shared by the tenets of the Christian faith, but in 2004, for every 1000 in population, there were approximately 4.3 divorces. The divorce rate did not seem to change regardless of religious or non-religious affiliations. The important thing to note about these statistics is the fact most all Mainers value hard work and commitment, two traits essential in making a marriage contract work. Therefore, since Mainers across the board share these essentials in marital values, doesn’t it stand to reason that if at all possible, you should try to reconcile before acquiescing to divorce first ?
Secondly, if your answer to the first question is honestly “no,” then you may want to ask yourself, is there any way you can get out of a bad marriage without risking public humiliation? Obviously, there are reasons some people should not stay married, the threat of imminent harm being chief amongst them. So, if you have come to the place where you have decided there is no other alternative to divorce, there are two ways you can get a divorce in Maine- Fault (Contested) or No-Fault (Uncontested or Non-Contested). The No-Fault process can be as simple as filling out an Complaint For Divorce and Marital Settlement Agreement, legal documents easily obtained, and filing them with the proper Court of jurisdiction to hear the cause. Maine permits No-Fault divorce only for irreconcilable marital differences. Providing you and your spouse can amiably agree on the terms of the divorce about your finances, assets, and children, the process is relatively simple and inexpensive. So, doesn’t it stand to reason that if you feel like you have to have a divorce, you should try and obtain a No-Fault divorce?
There are many reasons two people who have been married a while may not be able to amiably and maturely come to terms involving finances, assets, and children. In the event this happens, and it often does, there exists a real possibility for a contested divorce. When it does happen, you can present your case before a judge or a jury. In either case, it may be wise to be legally represented. In addition to the legal reasons permitted by law for a No-Fault divorce, Maine also permits Fault divorce these grounds: adultery; impotence; extreme cruelty; utter desertion continued for 3 consecutive years prior to the commencement of the action; gross and confirmed habits of intoxication from the use of liquor or drugs; nonsupport, when one spouse has sufficient ability to provide for the other spouse and grossly, wantonly or cruelly refuses or neglects to provide suitable maintenance for the complaining spouse; cruel and abusive treatment; and mental illness requiring confinement in a mental institution for at least 7 consecutive years prior to the commencement of the action. Obviously, these issues are all value based, and one of the issues have to be stated in a Petition For Divorce as the reason the petitioner is wanting to end the marriage. Thus, to many, the potential for humiliation and shame comes through public exposure, because in Maine, the court system is open to the public.
Regardless of the decision concerning divorce you may have to make, there are divorce lawyers in Maine who are experts when it comes to divorce law, and are excellent in their negotiating skills to help you reconcile. So, if you are considering a divorce, please contact us at www.divorceattorneyhome.com, and we will help you find the divorce attorney in your area that is more than willing to help you make the legal decisions that are right for you.