Category: Family Law

Divorce & Coronavirus: What You Need to Know During a Global Pandemic

Some of you may have been considering filing for divorce prior to the COVID-19 pandemic. Others may have been nudged in that direction after an extended stay-at-home order was issued. Regardless of how you got there, you all may be wondering whether you can still divorce right now. What impact did the pandemic have on …

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What to Do with Stimulus Checks Received by Estates

You may have been seeing, reading, or hearing on your favorite source of media that stimulus checks are being delivered to some of our deceased relatives. Can the estate keep it? Personal Representatives of estates have been asking what to do if they receive a direct deposit or a check in the mail with this …

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I’ve Been Served With Divorce Papers:Now What?

You have been served with divorce papers and you’re wondering what to do next. A divorce starts when one party files and serves the other party with a complaint for divorce, summons, and preliminary injunction. All of this can be confusing, particularly when dealing with emotional stress on top of legal jargon. With that said, …

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6 Estate Planning Facts You Need To Know

While estate planning is a personalized process that is impacted by each individual’s unique family and financial circumstances, there are some questions that estate planners are asked, again and again, by a majority of our clients. Here are some of the questions I hear most often: Will my estate need to go through probate after …

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There Is No Such Thing As Custody In Maine

There is a vast misunderstanding of the terms used when dealing with the rights of parents.  In Maine, the Family Court does not use the term “custody” and it hasn’t for a number of years.  The two major concepts that encapsulate that term are “parental rights and responsibilities” and “primary residence.” The phrase “parental rights …

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Are you a De Facto Parent?

Our world is not filled with the traditional family anymore. Our world is filled with families that have step-parents, domestic partners, grandparents, aunts and uncles, or even just friends performing duties that were conventionally done by the child’s parent. Historically, these caretakers had virtually no rights, nor any legal responsibility, for the child they were …

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An Act to Ensure a Continuing Home Court for Cases Involving Children

When two separate court systems are involved, with each having a crucial role regarding the well being of a child, it is an understatement to say that the potential for problems exist. Until recently, when the State removed a child from a home because he or she was in danger, the Family Division of Maine’s …

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MODIFYING CHILD SUPPORT AND THE NEW GUIDELINES

Several months ago I described the process for calculating child support under Maine law.[1]  However, a child support order issued by the Maine Family Court is not etched in stone and frequently people ask whether their child support obligation can be changed.  As with any question asked of a lawyer, the only accurate answer is …

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