West Baldwin Family Law Lawyer, Maine, page 4


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

Milda A. Castner

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

Jeanette M. Durham

Divorce & Family Law, Child Support, Custody & Visitation, Adoption, Domestic Violence & Neglect
Status:  In Good Standing           Licensed:  8 Years

Jack Miller

Personal Injury, Family Law
Status:  In Good Standing           

Jason R. Ranger

Criminal, Family Law, Toxic Mold & Tort
Status:  In Good Standing           Licensed:  20 Years
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Elliott Epstein

Lawsuit & Dispute, Family Law, Divorce & Family Law
Status:  In Good Standing           Licensed:  43 Years

Robert A. Laskoff

Litigation, Workers' Compensation, Family Law, Personal Injury
Status:  In Good Standing           

Jaime E.R. Shorter

Family Law
Status:  In Good Standing           Licensed:  4 Years

Mara Rose Hunter King

Family Law, Professional Responsibility, Divorce, Prosecution
Status:  In Good Standing           Licensed:  14 Years

Elyse Barrett Segovias

Juvenile Law, Family Law, Divorce, Children's Rights
Status:  In Good Standing           Licensed:  11 Years

Judith W. Andrucki

Immigration, Family Law, Business, Medical Malpractice
Status:  In Good Standing           Licensed:  42 Years

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Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

BEST INTERESTS (OF THE CHILD)

The test that courts use when deciding who will take care of a child. For instance, an adoption is allowed only when a court declares it to be in the best inter... (more...)
The test that courts use when deciding who will take care of a child. For instance, an adoption is allowed only when a court declares it to be in the best interests of the child. Similarly, when asked to decide on custody issues in a divorce case, the judge will base his or her decision on the child's best interests. And the same test is used when judges decide whether a child should be removed from a parent's home because of neglect or abuse. Factors considered by the court in deciding the best interests of a child include: age and sex of the child mental and physical health of the child mental and physical health of the parents lifestyle and other social factors of the parents emotional ties between the parents and the child ability of the parents to provide the child with food, shelter, clothing and medical care established living pattern for the child concerning school, home, community and religious institution quality of schooling, and the child's preference.

GROUNDS FOR DIVORCE

Legal reasons for requesting a divorce. All states require a spouse who files for divorce to state the grounds, court and whether requesting a fault divorce or ... (more...)
Legal reasons for requesting a divorce. All states require a spouse who files for divorce to state the grounds, court and whether requesting a fault divorce or a no-fault divorce.

ATTRACTIVE NUISANCE

Something on a piece of property that attracts children but also endangers their safety. For example, unfenced swimming pools, open pits, farm equipment and aba... (more...)
Something on a piece of property that attracts children but also endangers their safety. For example, unfenced swimming pools, open pits, farm equipment and abandoned refrigerators have all qualified as attractive nuisances.

CONDONATION

One person's approval of another's activities, constituting a defense to a fault divorce. For example, if a wife did not object to her husband's adultery and la... (more...)
One person's approval of another's activities, constituting a defense to a fault divorce. For example, if a wife did not object to her husband's adultery and later tries to use it as grounds for a divorce, he could argue that she had condoned his behavior and could perhaps prevent her from divorcing him on these grounds.

BRIEF

A document used to submit a legal contention or argument to a court. A brief typically sets out the facts of the case and a party's argument as to why she shoul... (more...)
A document used to submit a legal contention or argument to a court. A brief typically sets out the facts of the case and a party's argument as to why she should prevail. These arguments must be supported by legal authority and precedent, such as statutes, regulations and previous court decisions. Although it is usually possible to submit a brief to a trial court (called a trial brief), briefs are most commonly used as a central part of the appeal process (an appellate brief). But don't be fooled by the name -- briefs are usually anything but brief, as pointed out by writer Franz Kafka, who defined a lawyer as 'a person who writes a 10,000 word decision and calls it a brief.'

ATTORNEY FEES

The payment made to a lawyer for legal services. These fees may take several forms: hourly per job or service -- for example, $350 to draft a will contingency (... (more...)
The payment made to a lawyer for legal services. These fees may take several forms: hourly per job or service -- for example, $350 to draft a will contingency (the lawyer collects a percentage of any money she wins for her client and nothing if there is no recovery), or retainer (usually a down payment as part of an hourly or per job fee agreement). Attorney fees must usually be paid by the client who hires a lawyer, though occasionally a law or contract will require the losing party of a lawsuit to pay the winner's court costs and attorney fees. For example, a contract might contain a provision that says the loser of any lawsuit between the parties to the contract will pay the winner's attorney fees. Many laws designed to protect consumers also provide for attorney fees -- for example, most state laws that require landlords to provide habitable housing also specify that a tenant who sues and wins using that law may collect attorney fees. And in family law cases -- divorce, custody and child support -- judges often have the power to order the more affluent spouse to pay the other spouse's attorney fees, even where there is no clear victor.

NEXT FRIEND

A person, usually a relative, who appears in court on behalf of a minor or incompetent plaintiff, but who is not a party to the lawsuit. For example, children a... (more...)
A person, usually a relative, who appears in court on behalf of a minor or incompetent plaintiff, but who is not a party to the lawsuit. For example, children are often represented in court by their parents as 'next friends.'

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.

PREMARITAL AGREEMENT

An agreement made by a couple before marriage that controls certain aspects of their relationship, usually the management and ownership of property, and sometim... (more...)
An agreement made by a couple before marriage that controls certain aspects of their relationship, usually the management and ownership of property, and sometimes whether alimony will be paid if the couple later divorces. Courts usually honor premarital agreements unless one person shows that the agreement was likely to promote divorce, was written with the intention of divorcing or was entered into unfairly. A premarital agreement may also be known as a 'prenuptial agreement.'

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. ...