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Complaint for Divorce With Children

In the case of wanting to initiate a divorce process that has minor children involved, the following form has to be completed and submitted.


Extracted Text for Proper Search

FM-004, Rev. 06/16 Page 1 of 2 STATE OF MAINE          DISTRICT COURT          Location                Docket No.             Plaintiff          COMPLAINT FOR DIVORCE  v.         (with children)           Title to Real Estate Is Involved       Defendant         19-A M.R.S. § 901, 1652, 1653, 1851             M.R. Civ. P. 10(a)            1. Plaintiff was lawfully married to defendant in (town)                         ,   (county)               , (state)    , on      (mo/date/yr.)   2. Plaintiff now resides in (town)         , (county)                 , (state)            .  If either party wishes to keep his/her address confidential, that party may complete an Affidavit for Confidential Address (FM-057).  This form is available at the Clerk’s Office or at   3.   Defendant now resides in (town)          , (county)                          , (state)       , OR     Residence of the Defendant is unknown and Plaintiff has used reasonable efforts and cannot locate Defendant.   4. The court has jurisdiction because (check all of the statements that apply):   A. Plaintiff resided in Maine in good faith for six months before filing this complaint;   B.  Plaintiff is a resident of Maine and the parties were married in Maine;   C. Plaintiff is a resident of Maine and the parties resided in Maine when the grounds for divorce arose; and/or       D. Defendant is a resident of Maine.  5.  Neither Plaintiff nor Defendant has filed for divorce or annulment from the other before this complaint, OR   A complaint for divorce or annulment was filed before in (court name, town and state of court)              Docket No.                 .   That case:  Was dismissed on (date)         .          Is still pending.  6. The parties have personal property, AND   Either or both parties has an interest in real estate, (file and exchange form FM-056)    Neither party has an interest in real estate.  7. Plaintiff lists the following grounds for divorce:   Irreconcilable marital differences exist between the parties.   Other                        .  8. Plaintiff and defendant are the legal parents of the following child(ren), 19-A M.R.S. § 1844 (2) (A):   Name           Date of Birth   Present Address                                                                                             List below where and with whom the child(ren) have lived within the past 5 years.  Name and present address of     Dates child(ren) lived   Town and State where child(ren)  person child(ren) lived with             with that person                          lived with that person

FM-004, Rev. 06/16 Page 2 of 2                          9. Plaintiff has not been involved in any way in, and has no information about, another court case in Maine or in any    other state concerning the custody of the child(ren) except as follows:      Protection from Abuse, (provide docket number):          Probate matter, (provide docket number): ___________________________________________________    Other (describe what kind of other case)           10. No one other than the parties has physical custody of the child(ren), or claims to have custody or   visitation rights with respect to the child(ren), except as follows:                                                          11. (Check all boxes that apply)   No public assistance benefits have ever been received for the child(ren).     OR     Public assistance benefits have been, are now, or will be received for the child(ren).   AND     Plaintiff has sent a copy of this complaint to the Department of Health and Human Services at the     following address:   Support Enforcement Division, Central Office Supervisor, State House     Station 11, Augusta, ME  04333-0011.  (A copy must be sent when the child(ren) have been,     are now or will be receiving public assistance benefits.)    The Department of Health and Human Services has issued a child support order regarding the child(ren).     (If such an order has issued, a copy of the order must be attached to this Complaint).    The Department of Health and Human Services has been contacted to set up, review, change or enforce a child       support order regarding the child(ren).   12. PLAINTIFF REQUESTS that a divorce be granted and that the court;  (Check all boxes that apply)   Determine parental rights and responsibilities regarding the minor child(ren),     including child support (file and exchange form FM-050);   Set apart the non-marital property to each party and divide the marital property;   Order that spousal support be paid to Plaintiff by Defendant (file and exchange form FM-043);   Award reasonable attorney's fees to Plaintiff's attorney (file and exchange form FM-043); and   Change Plaintiff's name to:                                          .  Date:                                            (Plaintiff's signature)  Plaintiff Attorney:             Plaintiff:                   Address:            Address:                                     Telephone:         Telephone:          STATE OF MAINE       County  Personally appeared the above named Plaintiff,       , and made Oath that the foregoing statements are true.         Before me,  Date:                                               Attorney at Law / Notary Public / Deputy Clerk  Defendant has 20 days after being served with this complaint (being given a copy), to file an answer with the Court and must provide copies of all filings to other party.
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