What if we have an agreement?
If you and your spouse have agreed on all the issues and at least 60 days have passed from the date of service, you can let the Judge know you have an agreement and finalize your divorce that day. This is called an uncontested hearing.
At the hearing, the Judge will ask the Plaintiff to answer a few simple questions, such as:
- When and where were you married?
- What is your spouse's/partner's name?
- Has your marriage been "irretrievably broken?" (You have tried but cannot "save" the marriage.)
- Can you explain the terms of your agreement? (The judge will have a copy and may read it off to you, asking both of you if it accurately states your agreement.)
- Do you want the court to issue a final judgment based on your agreement? The court wants to make sure that you willingly agree - that you are not being forced, threatened, or coerced.
After this very short hearing, the Court may sign the Divorce Judgment. The clerk may give you a copy that day, or you may receive it in the mail a few days later. The Order takes effect when the clerk enters it on the "court docket," usually the same day as the Judge signs it.
After the Judge signs the Divorce Judgment, there is a 21-day appeal period (waiting period) to see if you or your ex-spouse will appeal the Judge’s order. If you both are ok with the Judge’s Order you can ask the court clerk for a “waiver of appeal” form. If you both sign it then your divorce will be final on that date.
What if we don’t have an agreement?
If you have not agreed on all issues, another step you could take is mediation. If you don’t ask for mediation, the court will set you up for a pre-trial and contested hearing. Learn more about your mediation options below.
Note: If you need an interim hearing (a hearing before the final hearing) to resolve emergency issues, the judge will schedule that next. If you have exhausted your Meditation options, or have decided not to ask for mediation then the Judge may, at this first court meeting, go ahead with the “Pre-trial” step. Read more about this below.
I have been scheduled for a pre-trial conference. What is that?
As you have seen, the Court does everything it can to try to help you come to an agreement about the terms of your Court Order. But sometimes that just isn't possible. If the Court thinks that you have exhausted all other possible solutions, the Judge will schedule a "pre-trial conference.” Hopefully something will happen during the conference to help you decide your final difficult issues. Failing that, at the conference the Court will issue a "pre-trial order" which includes:
- The date and time of your final contested hearing
- Your deadline for telling your spouse what witnesses and documents you will be using at the hearing (if any)
- A list of the unresolved issues that need to be decided at the hearing
I have a contested final hearing. How do I prepare?
The contested final hearing is a formal court hearing (like the interim hearing, if you had one). The Judge listens to both sides, then issues a final order. You may give your own testimony and present witnesses and documents. You may cross-examine your spouse. The court rules of evidence and procedure apply.
The Judge may tell you on the hearing day what the final order will say. Or you may receive it in the mail after it has been drafted and signed. The Order takes effect when the clerk enters it on the "court docket," usually the same day the Judge signs it.
After the Judge signs the Divorce Judgment, there is a 21-day appeal period (waiting period) to see if you or your ex-spouse will appeal the Judge’s order. If you both are ok with the Judge’s Order you can ask the court clerk for a “waiver of appeal” form. If you both sign it then your divorce will be final on that date.
Watch our Divorce Hearing Videos to prepare for this formal court hearing. NOTE: The situations presented in the videos involve children’s issues, but the same rules of procedure and evidence highlighted in the videos apply in your case.
Can I appeal if I don't like the result?
The deadline for appealing a Judge's final order to the Law Court is 21 days after the clerk enters the final order on the docket. File any appeal with the District Court clerk. You will probably need a lawyer to help you go forward with an appeal. Although some of the costs can be waived, appeals are expensive.
CAUTION: Generally speaking, the court reviewing an appeal can only overturn "mistakes of law." So, if you think that the Judge has made a legal error, you can appeal that issue. This means that you think the Judge violated an existing law. But, in many cases, you may disagree only with the Judge's "findings of fact." In other words, the Judge based the decisions on someone else's version of the truth, not yours. In that case, the appellate court rarely second-guesses the trial court Judge. It will almost always adopt a trial court's findings of fact (assuming they are based on some real evidence). So, this is not a good reason to appeal. We advise talking to a lawyer, if you can, before investing time and money in an appeal.
Conclusion
- Decide if you should get a lawyer or if it is reasonable and safe to go forward on your own.
- Read this online guide to learn about the legal process.
- Get your court forms packet. If you use online forms, you must still purchase the Summons form from the court. The Summons costs $5.
- Read the court forms instruction sheet.
- Fill out the forms. Get help if you need it.
- Serve and file the forms.
- Prepare for your court meetings and hearings.
- Go to all scheduled court appearances.
- Follow the steps and directions you get from the Judge.
- Look back at this guide and ask for help when you have questions.
- Take it one step at a time. You can do this!