West Baldwin Family Law Lawyer, Maine, page 7


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

Temma W. Donahue

Criminal, Juvenile Law, Customs, Family Law
Status:  In Good Standing           Licensed:  14 Years

Cara L. Biddings

Real Estate, Workers' Compensation, Family Law, Accident & Injury
Status:  In Good Standing           Licensed:  16 Years

Daniel W. Boutin

Real Estate, Wills & Probate, Trusts, Family Law
Status:  In Good Standing           Licensed:  41 Years

Cara L. Biddings

Wills & Probate, Workers' Compensation, Family Law, Corporate
Status:  In Good Standing           Licensed:  16 Years
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Thomas R. Kelly

Labor Law, Family Law, Business Organization, Products Liability
Status:  In Good Standing           Licensed:  29 Years

Thomas Quartararo

Wills & Probate, Workers' Compensation, Family Law, Corporate
Status:  In Good Standing           Licensed:  31 Years

Peter W. Evans

Family Law, Civil & Human Rights, Criminal
Status:  In Good Standing           

Phyllis G. Givertz

Family Law
Status:  In Good Standing           

Kevin Cole

Tax, Real Estate, Federal Appellate Practice, Family Law
Status:  In Good Standing           Licensed:  29 Years

Barbara L. Lundgren

Trusts, Family Law, Business, Bankruptcy & Debt
Status:  In Good Standing           Licensed:  30 Years

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LEGAL TERMS

PROVOCATION

The act of inciting another person to do a particular thing. In a fault divorce, provocation may constitute a defense to the divorce, preventing it from going t... (more...)
The act of inciting another person to do a particular thing. In a fault divorce, provocation may constitute a defense to the divorce, preventing it from going through. For example, if a wife suing for divorce claims that her husband abandoned her, the husband might defend the suit on the grounds that she provoked the abandonment by driving him out of the house.

IRRECONCILABLE DIFFERENCES

Differences between spouses that are considered sufficiently severe to make married life together more or less impossible. In a number of states, irreconcilable... (more...)
Differences between spouses that are considered sufficiently severe to make married life together more or less impossible. In a number of states, irreconcilable differences is the accepted ground for a no-fault divorce. As a practical matter, courts seldom, if ever, inquire into what the differences actually are, and routinely grant a divorce as long as the party seeking the divorce says the couple has irreconcilable differences. Compare incompatibility; irremediable breakdown.

CHILD

(1) A son or daughter of any age, sometimes including biological offspring, unborn children, adopted children, stepchildren, foster children and children born o... (more...)
(1) A son or daughter of any age, sometimes including biological offspring, unborn children, adopted children, stepchildren, foster children and children born outside of marriage. (2) A person under an age specified by law, often 14 or 16. For example, state law may require a person to be over the age of 14 to make a valid will, or may define the crime of statutory rape as sex with a person under the age of 16. In this sense, a child can be distinguished from a minor, who is a person under the age of 18 in most states. A person below the specified legal age who is married is often considered an adult rather than a child. See also emancipation.

AGE OF MAJORITY

Adulthood in the eyes of the law. After reaching the age of majority, a person is permitted to vote, make a valid will, enter into binding contracts, enlist in ... (more...)
Adulthood in the eyes of the law. After reaching the age of majority, a person is permitted to vote, make a valid will, enter into binding contracts, enlist in the armed forces and purchase alcohol. Also, parents may stop making child support payments when a child reaches the age of majority. In most states the age of majority is 18, but this varies depending on the activity. For example, in some states people are allowed to vote when they reach the age of eighteen, but can't purchase alcohol until they're 21.

FOSTER CARE

Court-ordered care provided to children who are unable to live in their own homes, usually because their parents have abused or neglected them. Foster parents h... (more...)
Court-ordered care provided to children who are unable to live in their own homes, usually because their parents have abused or neglected them. Foster parents have a legal responsibility to care for their foster children, but do not have all the rights of a biological parent--for example, they may have limited rights to discipline the children, to raise them according to a certain religion or to authorize non-emergency medical procedures for them. The foster parents do not become the child's legal parents unless the biological parents' rights are terminated by a court and the foster parents adopt the child. This is not typically encouraged, as the goal of foster care is to provide temporary support for the children until they can be returned to their parents. See also foster child.

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.

DISSOLUTION

A term used instead of divorce in some states.

PETITION (IMMIGRATION)

A formal request for a green card or a specific nonimmigrant (temporary) visa. In many cases, the petition must be filed by someone sponsoring the immigrant, su... (more...)
A formal request for a green card or a specific nonimmigrant (temporary) visa. In many cases, the petition must be filed by someone sponsoring the immigrant, such as a family member or employer. After the petition is approved, the immigrant may submit the actual visa or green card application.

PHYSICAL INCAPACITY

The inability of a spouse to engage in sexual intercourse with the other spouse. In some states, physical incapacity is a ground for an annulment or fault divor... (more...)
The inability of a spouse to engage in sexual intercourse with the other spouse. In some states, physical incapacity is a ground for an annulment or fault divorce, assuming the incapacity was not disclosed to the other spouse before the marriage.

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. ...