South Casco Family Law Lawyer, Maine, page 7


Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements

Kristine C. Hanly

Family Law, DUI-DWI, Criminal
Status:  In Good Standing           

James John O'Keefe

Immigration, Employment, Family Law, Business
Status:  In Good Standing           Licensed:  31 Years

Lisa Dawn Chmelecki

Juvenile Law, Children's Rights, Family Law
Status:  In Good Standing           Licensed:  16 Years

Temma W. Donahue

Criminal, Juvenile Law, Customs, Family Law
Status:  In Good Standing           Licensed:  17 Years

Morris Greenberg

Family Law, Business & Trade, Education
Status:  Deceased           Licensed:  91 Years

Thomas R. McKeon

Construction, Litigation, Family Law, Civil Rights
Status:  In Good Standing           

Jason Matthew Rice

Family Law, Divorce, Child Custody, Business
Status:  In Good Standing           Licensed:  15 Years

Dylan R. Boyd

Civil Rights, Family Law, Personal Injury, Criminal
Status:  In Good Standing           

Dylan R. Boyd

Litigation, Personal Injury, Family Law, Criminal
Status:  In Good Standing           

Robert F Montgomery

Mediation, Family Law, Divorce, Child Custody, Divorce & Family Law
Status:  In Good Standing           Licensed:  38 Years

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LEGAL TERMS

INTERLOCUTORY DECREE

A court judgment that is not final until the judge decides other matters in the case or until enough time has passed to see if the interim decision is working. ... (more...)
A court judgment that is not final until the judge decides other matters in the case or until enough time has passed to see if the interim decision is working. In the past, interlocutory decrees were most often used in divorces. The terms of the divorce were set out in an interlocutory decree, which would become final only after a waiting period. The purpose of the waiting period was to allow the couple time to reconcile. They rarely did, however, so most states no longer use interlocutory decrees of divorce.

ADOPTIVE PARENT

A person who completes all the requirements to legally adopt a child who is not his or her biological child. Generally, any single or married adult who is deter... (more...)
A person who completes all the requirements to legally adopt a child who is not his or her biological child. Generally, any single or married adult who is determined to be a 'fit parent' may adopt a child. Some states have special requirements, such as age or residency criteria. An adoptive parent has all the responsibilities of a biological parent.

IRREMEDIABLE OR IRRETRIEVABLE BREAKDOWN

The situation that occurs in a marriage when one spouse refuses to live with the other and will not work toward reconciliation. In a number of states, irremedia... (more...)
The situation that occurs in a marriage when one spouse refuses to live with the other and will not work toward reconciliation. In a number of states, irremediable breakdown is the accepted ground for a no-fault divorce. As a practical matter, courts seldom, if ever, inquire into whether the marriage has actually broken down, and routinely grant a divorce as long as the party seeking the divorce says the marriage has fallen apart. Compare incompatibility; irreconcilable differences.

CONNIVANCE

A situation set up so that another person commits a wrongdoing. For example, a husband who invites his wife's lover along on vacation may have connived her adul... (more...)
A situation set up so that another person commits a wrongdoing. For example, a husband who invites his wife's lover along on vacation may have connived her adultery, and if he tried to divorce her for her behavior, she could assert his connivance as a defense.

AMICUS CURIAE

Latin for 'friend of the court.' This term describes a person or organization that is not a party to a lawsuit as plaintiff or defendant but that has a strong i... (more...)
Latin for 'friend of the court.' This term describes a person or organization that is not a party to a lawsuit as plaintiff or defendant but that has a strong interest in the case and wants to get its two cents in. For example, the ACLU often submits materials to support a person who claims a violation of civil rights even though that person is represented by a lawyer.

ADULTERY

Consensual sexual relations by a married person with someone other than his or her spouse. In many states, adultery is technically a crime, though people are ra... (more...)
Consensual sexual relations by a married person with someone other than his or her spouse. In many states, adultery is technically a crime, though people are rarely prosecuted for it. In states that have retained fault grounds for divorce, adultery is always sufficient grounds for a divorce. In addition, some states alter the distribution of property between divorcing spouses in cases of adultery, giving less to the 'cheating' spouse.

COMPLAINT

Papers filed with a court clerk by the plaintiff to initiate a lawsuit by setting out facts and legal claims (usually called causes of action). In some states a... (more...)
Papers filed with a court clerk by the plaintiff to initiate a lawsuit by setting out facts and legal claims (usually called causes of action). In some states and in some types of legal actions, such as divorce, complaints are called petitions and the person filing is called the petitioner. To complete the initial stage of a lawsuit, the plaintiff's complaint must be served on the defendant, who then has the opportunity to respond by filing an answer. In practice, few lawyers prepare complaints from scratch. Instead they use -- and sometimes modify -- pre-drafted complaints widely available in form books.

CONSUMMATION

The actualization of a marriage. Sexual intercourse is required to 'consummate' a marriage. Failure to do so is grounds for divorce or annulment.

HEARING

In the trial court context, a legal proceeding (other than a full-scale trial) held before a judge. During a hearing, evidence and arguments are presented in an... (more...)
In the trial court context, a legal proceeding (other than a full-scale trial) held before a judge. During a hearing, evidence and arguments are presented in an effort to resolve a disputed factual or legal issue. Hearings typically, but by no means always, occur prior to trial when a party asks the judge to decide a specific issue--often on an interim basis--such as whether a temporary restraining order or preliminary injunction should be issued, or temporary child custody or child support awarded. In the administrative or agency law context, a hearing is usually a proceeding before an administrative hearing officer or judge representing an agency that has the power to regulate a particular field or oversee a governmental benefit program. For example, the Federal Aviation Board (FAB) has the authority to hold hearings on airline safety, and a state Worker's Compensation Appeals Board has the power to rule on the appeals of people whose applications for benefits have been denied.

SAMPLE LEGAL CASES

DEPT. OF HEALTH & HUMAN SERVS. v. Pelletier

... The family law magistrate (Langner, M.) found in favor of Pelletier after concluding that the Department had waived its right to seek child support. ... We now hold that the same rules apply when the District Court has vacated a family law magistrate's decision. ...

Smith v. Padolko

... On a post-judgment motion to modify a divorce decree, an abuse of discretion will only be found if the award is "plainly and unmistakably an injustice that is so apparent as to be instantly visible without argument." Levy, Maine Family Law Pleadings and Procedure § 4.13.3 at 61 ...

Conrad v. Swan

... Robert G. Conrad appeals from a judgment of the District Court (South Paris, Lawrence, J.) denying his objection to a final order of parental rights and responsibilities in which the Family Law Magistrate (Carlson, M.) rendered a default judgment against him for failure to appear. ...

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