In July of 1997 Maine instituted a new system in the District Courts for handling any private case potentially involving child support.  The Family Law Case Management system is designed to be of benefit for people without attorneys, and is also meant to keep family law cases on track and progressing towards a conclusion.  The new system is only used in divorces where there are minor children.  Thus, divorcing parties who do not have children will often find the process more confusing and prolonged than divorcing parties who do have children.

 

The most significant aspect of the Family Law Case Management system is that family law litigants will meet with a Family Law Magistrate (and with their attorneys, if attorneys are involved) in the courtroom within a few weeks after the case is filed. This Case Management Conference is automatically scheduled by the Court without the necessity of a request for a hearing. After a general introduction of the proceedings to the litigants, and after having received an overview of the case, the presiding Magistrate will enter an Order incorporating all of the agreements which the parties are able to reach at that time. In exigent circumstances, the Magistrate may decide to hear testimony and then enter interim Orders on contested issues (such as child support and parental contact). The object of this initial Case Management Conference is to stabilize the situation and make sure that both parties' rights are respected during the rest of the proceedings. You should leave the Case Management Conference with your next court date in hand, and a detailed Case Management Order regarding how the case is to proceed. You may, following your initial Case Management Conference, elect to have a Judge (as opposed to a Family Law Magistrate) handle the rest of the proceedings, and there are some issues which only a Judge (and not a Magistrate) may decide.