Legal Question in Family Law in Maine
modification
When can I file modifications in the state of ME on the MA case? We moved here 6 mo ago but the case was not heard until 6 weeks ago. I need to file a modification of visitation and dread going to MA to do this. It is 250 miles each way and it would be 3-4 trips.
1 Answer from Attorneys
Re: modification
It depends. Generally speaking, you would have to be a resident of Maine for 6 months before you could file something, however, if the issue involves children, the issue would depend on where the children have resided for the past six months. The obvious question that is raised is why the case was heard in MA six weeks ago if the subject matter was here in Maine.
Please bear in mind also that even if the Judgment can be domesticated here in Maine, you would have to prove a substantual change in circumstances in order to modify the order. Therefore, the substantial change would have to have occurred since the order just six weeks ago. The courts will not look kindly upon the parties coming back so soon after a hearing. You will have to have a solid basis for seeking a change.
If you would like to discuss this in more detail, please do not hesitate to contact me.
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