How Can I Protect My Assets Prior To Filing For A Divorce?

In Maine, with few exceptions, the law provides that anything acquired during the course of the marriage is presumed to be marital property. One exception is that property can be excluded by agreement. This occurs most often with the parties entering into an agreement before the marriage. This is called a pre-nuptial agreement. It is possible to have a post marriage agreement as well. This is called an anti-nuptial agreement. Other exceptions to the marital presumption involve property that is acquired by one spouse through inheritance or by individual gift. It is important to understand that even though property may initially be of a non-marital nature, it can be transmuted in whole or in part into a marital asset.

While a divorce case is pending, an automatic preliminary injunction is in place restricting both parties from disposing of assets absent court order or written agreement. Spouses are not, however, prevented from using marital assets for ordinary and necessary living expenses.

Are There Advantages To Filing for Divorce Before My Spouse?

The spouse that files first is called the plaintiff with the non-filing spouse called the defendant. The defendant spouse will likely file a counterclaim for divorce. In this way, both parties are requesting the court grant the divorce. There is no advantage gained by filing first. The only procedural difference involves the presentation of evidence in the event of trial. The Plaintiff presents their case first with the defendant given the chance at the conclusion of the plaintiff’s case in chief.

For more information on Protecting Assets Prior To A Divorce In Maine, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (207) 408-3636 today.