Practice Areas

Areas We Serve

We serve in four Maine counties, including York, Cumberland, Androscoggin, and Sagadahoc counties.

Civil Law

CIVIL LAW:

 

Contested + Uncontested Divorce

 

Uncontested Divorce

If you and your spouse have reached a 100% agreement on all matters regarding your divorce, then your divorce would be uncontested. Suppose you have agreed on the division of child custody, debts, and assets, then the divorce will go much smoother and faster. Contact us if you have any questions regarding your current situation.

 

Contested Divorce

If spouses cannot reach an agreement on one or more issues related to the divorce, then it is considered a contested divorce. A contested divorce is a long process requiring extensive litigation. Only the involved parties can arrive at a mutually agreeable outcome. If the divorce turns out to be high-conflict, then the time to complete the case lengthens, and the cost can become high. Regardless of your situation, give us a call to see if we can take your case.

 

Modifications

Changes in life happen, and not all changes will keep things the same. Medical changes, career changes, or maybe your spouse has become unfit to care for your children. If you need modifications to a divorce or paternity action that has already been filed, please contact our law firm to start the process.

 

Child Custody & Support

A custody lawyer can help resolve legal and physical custody issues involving your children. Usually, parents have different ideas about child custody and support. Looking out for the child’s best interest is necessary; child custody cases are not easy, but we can try and make the process as smooth as possible with your cooperation. Parents might also depend on the court for a fair hearing.

 

Spousal Support

Spousal support, often referred to as alimony, is monetary support paid by one former spouse to another, pursuant to a divorce agreement or court order. The decision can be made based on many factors, such as the length of the marriage, spouse’s income, and convictions regarding family violence.

 

Child Advocacy

An attorney is appointed to protect minors’ rights in cases involving divorce, child custody, neglect or abuse, and juvenile court proceedings. A child advocacy attorney provides the court with objective information and recommendations about the child’s best interests.

 

Termination of Parental Rights

Parents have several rights when it comes to their children. Suppose a parent can demonstrate with clear and convincing evidence that the other parent cannot make decisions regarding a child’s best interests, safety, and well-being. In that case, their rights may be terminated. Involuntary termination Voluntary termination Child Protective Services (CPS)

 

Enforcements

When it comes to judging ordered enforcements, deciding to follow them is not an option. They must be followed exactly how the judge ordered. There are several types of enforcement that a judge may order based on each individual’s cases.

 

Guardianships

Applications for guardianships need to be filed with the court. The court will hear details about the case and appoint a guardian. Once the guardian is appointed, it becomes a permanent decision.

 

Orders of Protection

Orders of protection are used by a court to protect a person. It will direct an individual to follow certain conditions or direct someone not to do certain things. The law permits maximum protection for any victims of violence.

 

Asset Protection

Asset protection is a set of strategies and legal tools utilized to keep anyone from seizing your property. If you have an asset protection plan in place, you won’t be an easy target in a legal battle. We can help you develop an asset protection plan.

 

Prenuptial Agreements

If separation was ever to occur, a prenuptial agreement is set up to develop an excellent plan to distribute assets for each spouse during the marriage or protect assets one has before a wedding. A prenuptial is completed before the marriage; the attorney will create a contract separating the property before the marriage or layout any plans to distribute assets. Once the wedding is commenced, the contract begins.

Probate Law

PROBATE:

 

Probate Litigation

A dispute can arise from any family or financial matter, even if the original will was done correctly. If a family member claims to be the rightful beneficiary, the will can be presented in court, and the probate judge will make the final decision. If the estate holder has passed away without leaving an updated will, there could be unanswered questions and decisions that must be made. If you are in the middle of a dispute or know of trustees of a family estate that have failed in their fiduciary responsibility to gather any assets or distribute them according to the terms of the trust, contact us so we can recommend what the next step would be.

 

Probate Administration (Formal and Informal)

Whether it is informal or formal probate services you seek, our law firm can help with your specific situation. Informal probate is the easiest and cost-effective way to go since it does not involve the court. Informal probate would be necessary when there was a will in place, but there is no contest over the will’s effectiveness. If the person has passed away and there is no will, you can proceed with informal probate if there are no disputes regarding the heirs’ identity.

 

Wills

It is always better to be prepared and have a will ready for you or your loved ones. If no Will has been made regarding assets and your wishes regarding the care of your children, it is always better to leave a plan than to have someone else make the decisions. A will gives your family peace of mind that all wishes have been made, and there are no unanswered questions.

 

Power of Attorney

A power of attorney is a legal document that gives someone the authority to act on your behalf in circumstances that you outline within the document. If you seek a power of attorney to make decisions in certain matters like taxes, real estate, financial, or retirement plans, we can represent you. You can outline your limits or financial decisions you would like, and as long as the person you appoint is trustworthy and competent, it is safe.

 

Advanced Directives

An advanced healthcare directive will let your family, friends, and physician know your health care wishes. The directive can include types of treatment you want or don’t want when your end of life is approaching. The directive will list any treatment such as tests, diagnostics, surgical procedures, organ donation, or specifics on a do-not-resuscitate (DNR) order. When you have outlined your options early, it helps your family respect your wishes and make easy decisions when the time arrives.

 

Gifting Strategies

The government does place restrictions on the amount a person can gift each year. Gifting your assets to other individuals can reduce taxes.

 

Transfer on Death Deeds

A Transfer of Death Deeds names a beneficiary to own the real property after they die. The beneficiary(s) listed will automatically become the owner after the current owner dies. A beneficiary can be a family member, friend, or charity. If the Transfer of Death Deeds were filed correctly, you would not need to through probate court.

Criminal Law

CRIMINAL LAW:

 

OUI

In Maine, if you are driving a motor vehicle with a blood alcohol content of .08% or more, you are guilty of a criminal offense known as Operating Under the Influence (OUI). Following your arrest, based solely on the police report and blood alcohol content (BAC) test results, the Secretary of State will immediately suspend your license. This suspension takes place prior to any court appearance, so while you’re waiting for your day in court, you won’t be driving. There are serious consequences at stake, so give us a call and we can help guide you through your case.

 

Domestic Violence

Domestic Violence is any Assault that occurs between family or household members. Charges of DV Assault sometimes intersect with other family law issues such as divorce cases, parental-rights-and-responsibilities cases, and protection-from-abuse cases.

 

Assault & Battery

Assault is when the person intentionally, knowingly or recklessly causes bodily injury or offensive physical contact to another person. The crime of battery is the intentional touching of another in an angry manner or the intentional use of force or violence against another. From case investigation and preparation to plea negotiation to jury trial and beyond, we can help you turn the page on this unfortunate chapter of your life.

 

Drug Offenses

There are different types of drug charges and drug crimes: (1) drug possession, (2) possession of drug paraphernalia, and (3) possession with intent to sell, manufacture or deliver, also known as trafficking. Drug-related crimes have significant consequences, including jail or prison sentences as well as fines. Even minor drug offenses can have unexpected consequences, such as making you ineligible for student loans. While the penalties of a drug conviction in state court can be harsh, the penalties in federal court are usually even harsher.

 

Theft & Burglary Crimes

Theft, in law, is a general term covering a variety of specific types of stealing, including the crimes of larceny, robbery, and burglary. Theft is defined as the physical removal of an object that is capable of being stolen without the consent of the owner and with the intention of depriving the owner of it permanently. Whether you are charged with Theft by Unauthorized Taking or Transfer, Theft by Receiving Stolen Property, Theft by Deception, Forgery, Robbery, or Burglary, we have the understanding, experience, and legal skill to help you through it.

 

Fraud

Fraud and financial crimes are a form of theft/larceny that occur when a person or entity takes money or property, or uses them in an illicit manner, with the intent to gain a benefit from it. If your case involves fraud, whether it be forgery, falsification of checks, or negotiating a worthless instrument, we can help.

Contact Us Today: 207-829-9300 | 440 Walnut Hill Road | North Yarmouth, Maine 04097

Contact Us For a Consultation

Law Offices of Thaddeus V. Day, PLLC
440 Walnut Hill Road
North Yarmouth, Maine 04097

207-829-9300