Archive for the ‘Divorce/Family’ Category

DIVORCE Settlement Agreements

25th April 2011 by BS Comments Off

Dewhurst v. Dewhurst, 2010 ME 99, 5 A.3d 23, Gorman, J. A wife moved the divorce court for enforcement of a settlement agreement that was allegedly reached at a Judicial Settlement Conference but whose terms were not executed or stipulated on the record.  The divorce court enforced the agreement after a testimonial hearing at which [...]

HUSBAND AND WIFE Various Divorce Issues

29th March 2011 by BS Comments Off

Rega v. L.S.R., 2010 ME 96, 5 A.3d 666, Per Curiam The Law Court, in a per curiam opinion, declined to reverse a divorce judgment that awarded the husband, who was incarcerated at the time of the divorce for sexual assault, kidnapping, and other crimes he committed against the wife, transitional spousal support from her [...]

PARENT AND CHILD Determination of Parental Rights

29th March 2011 by BS Comments Off

Hatch v. Anderson, 2010 ME 94, 4 A.3d 904, Silver, J The plaintiff in this case is an unmarried father with two children who was incarcerated and wrote the mother a threatening letter from jail.  As a result, the mother sought a protection from abuse order and sued for sole parental rights.  The District Court [...]

HUSBAND AND WIFE Support Obligations

29th March 2011 by BS Comments Off

Pappas v. Pappas, 2010 ME 91, 3 A.3d 373, Saufley, C.J. The Law Court identified a mistake made by the Superior Court in this divorce case in the amount of the ex-wife’s income and remanded the case for the Court to take account of that mistake.

PARENT AND CHILD Guardianship

24th March 2011 by BS Comments Off

Guardianship of Kean R., 2010 ME 84, 2 A.3d 340, Jabar, J. A grandmother petitioned to be appointed guardian of her grandchild.  She had been taking care of him while his father was in jail.  Before his incarceration, the father was taking care of the child from Monday through Friday and the mother on the [...]

HUSBAND AND WIFE Division of Marital Property

24th March 2011 by BS Comments Off

Howard v. Howard, 2010 ME 83, 2 A.3d 318, Silver, J. This is a divorce case in which the husband fraudulently conveyed marital property to a third party.  Ultimately, the divorce court appointed a receiver and gave him broad authority to buy and sell the property subject to the divorce judgment and take other steps [...]

PARENT AND CHILD Grandparents’ Petitions for Guardianship

24th March 2011 by BS Comments Off

Guardianship of Jewel M., 2010 ME 80, 2 A.3d 301, Alexander, J. This is a very complex case involving a dispute between a child’s natural father and her grandmother as to custody and care of the child.  The grandmother initially moved for a temporary guardianship after the parents were divorced, and she was exposed to [...]

PARENT AND CHILD Parental Fitness

24th March 2011 by BS Comments Off

In Re: Higera N, 2010 ME 77, 2 A.3d 265, Mead, J. In a case of first impression, the Law Court concluded, based on language in the Act and legislative history, that the Federal Parental Kidnapping Prevention Act (PKPA) did not deprive the State of Maine of subject matter jurisdiction to determine parental fitness.  The [...]

ADOPTION Procedural Requirements

26th January 2011 by BS Comments Off

Adoption of J.S.S., 2010 ME 74, 2 A.3d 281, Gorman, J. This is an unusual adoption case in which the person who initially adopted the child later filed a co-petition to adopt with her domestic partner, which was granted.  After the two broke up, the initial adoptive parent sought to vacate the adoption by her [...]

DIVORCE Pre-Judgment and Post-Judgment Interest

26th January 2011 by BS Comments Off

Brown v. Habrle, 2010 ME 72, 1 A.3d 401, Alexander, J. A wife was ordered to pay a large sum of money to her husband incidental to division of marital property in a divorce.  She did not pay that money timely.  The issues on appeal were whether pre-judgment and post-judgment interest applied to money awarded [...]