Spousal support, also known as alimony, is a major area of conflict in many Maine divorce cases. Spousal support is not awarded in every divorce and, even when it is awarded, there is no specific formula used to determine the amount or length of support. In recent years the Maine laws that govern spousal support… Read more »
Use of experts in divorce litigation
Divorces, like general civil litigation, involve the use of experts in a variety of areas. This article is the second installment in a series providing general information about the use of expert testimony and opinion testimony in divorce litigation. The entire Chapter regarding the Use of Experts in Divorce Litigation is due to be published by… Read more »
Maine Redefines How You Become a Parent (Legally)
The Maine Legislature has created a new law, becoming effective in July 2016, that redefines how a person becomes a parent, legally speaking. The new law is a drastic departure from existing Maine law and it creates several “new” ways that a person could become a legal parent of a child. There are many ways… Read more »
U.S. Supreme Court to consider lawfulness of criminal “implied consent” laws
Maine, like many states, has an “implied consent” law to assist in drunk driving investigations. Those laws generally require motorists to submit to warrantless blood or breath tests in drunk driving investigations if certain conditions are met. If the person refuses, the law will impose some form of a penalty. Earlier this month, in three… Read more »
Use of experts in divorce litigation
Divorces, like general civil litigation, involve the use of experts in a variety of areas. The two principle issues in any divorce involve parental rights and responsibilities with respect to minor children and the identification and valuation of marital property. Expert testimony can be utilized to establish a variety of facts with respect to the… Read more »
Maine Supreme Judicial Court decision eases the burden on employees at summary judgment in discrimination cases
Last week the Maine Supreme Judicial Court issued a decision in Brady v. Cumberland County, 2015 ME 143, in which it declared that it was moving away from a long-held test for summary judgment motions, and thereby easing the burden on employees to proceed to a full trial in discrimination cases. The case involved a… Read more »
Appeal of Maine criminal cases to be considered by U.S. Supreme Court
On October 30, 2015, the Supreme Court of the United States granted certiorari (Voisine, et al., v. United States, U.S. Supreme Court, No. 14-10154 )to two petitioners who have been convicted in the State of Maine for charges of misdemeanor domestic violence. More plainly stated this means that the U.S. Supreme Court has decided to review… Read more »
Maine Estate Tax Update
On June 30, 2015 the Maine Legislature voted to override Governor LePage’s veto of the State Budget, which means the proposed Budget became law. Among the changes to Maine law as a result of the veto override was a change to the Maine Estate Tax Law, codified as 36 M.R.S.A. §§ 4101-4118, which is set… Read more »
Paige Streeter and Tara Rich to speak at family law seminar
Attorneys Paige Streeter and Tara Rich of Libby O’Brien Kingsley & Champion, LLC will be presenters at a National Business Institute (NBI) seminar entitled, “Family Law From A to Z.” The seminar is scheduled for July 17, 2015 and will be held at the Fireside Inn & Suites in Portland, Maine. It is designed to… Read more »
Tim O’Brien presents on payments to collegiate athletes at NCAA Conference
Tim O’Brien gave a presentation on “Title IX and the Changing World of Stipends, Aid, Benefits and Compensation” for collegiate athletes at the NCAA’s Inclusion Forum held in San Diego, California on April 25, 2015. Tim analyzed the recent changes to NCAA legislation allowing schools to pay up to the full cost of attendance and… Read more »