How Do I File for Divorce in Maine?

Along with the emotional and practical issues involved in ending a marriage, the divorce process itself requires navigating the legal system in Maine. While that might seem overwhelming, it doesn't have to be all that difficult, particularly if you and your soon-to-be ex can cooperate. Here's what you need to know to get started with a Maine divorce.

What to Know Before Filing for a Maine Divorce

Before you begin the process of filing for divorce in Maine, you should figure out the answers to a few preliminary questions.

Do You Meet Maine's Residency Requirements for Divorce?

In order to file for divorce in Maine, you must meet one of the following criteria:

• you've lived in Maine for at least six months just before you file for divorce
• your spouse is a Maine resident
• you're a resident of Maine, and either you married your spouse in the state or the two of you lived in Maine when the cause of your divorce happened (more on that below).

(Me. Rev. Stat. tit. 19-A, § 901(1) (2023).)

Do You Have Legal Grounds for Divorce?

As in all states, you need a legally accepted reason (or "ground") for divorce in Maine. The state allows both "fault" and "no-fault" grounds for divorce.

To file for a no-fault divorce in Maine, you need only state that you and your spouse have "irreconcilable marital differences." This basically means that you can't get along, and there's no reasonable prospect of that changing. If both of you agree on that fact, it usually moves the divorce along more quickly. But if your spouse denies that you have irreconcilable differences, the judge may pause the divorce and require the two of you to get marriage counseling.

When you file for a fault divorce, you will claim (and will need to prove) that your spouse was to blame for the end of your marriage. Maine law allows the following fault-based grounds for divorce:

• adultery
• cruel and abusive treatment
• extreme cruelty
• desertion for three consecutive years
• refusal or neglect to support you despite the ability to do so, as long as that failure was willful, wanton, or cruel
• "gross and confirmed" alcohol or drug abuse, and
• impotence.

(Me. Rev. Stat. tit.19-A, § 902 (2023).)

Ordinarily, it doesn't pay to file for divorce on fault grounds, because it tends to make the process more contentious and hurts your chances of cooperating to work out agreements on other issues in your divorce. The more there is to fight about in a divorce, the longer the process takes and the more expensive it becomes (think legal fees).

Will Your Divorce Be Uncontested or Contested?

If you can file for an uncontested divorce in Maine, the entire process will be much easier, quicker, and less expensive than a traditional contested divorce. But for a divorce to be truly uncontested, you and your spouse will have had to settle all your marital issues, including:

• the division of your property and debts
• alimony, and
• if you have minor children, child support and child custody.

Once those issues are resolved, it's typical to incorporate the settlement terms in a marital settlement agreement, which can then become a part of your divorce judgment.

If you haven't been able to agree about any issues by the time you file your initial divorce papers, your case will proceed as a contested divorce.

Will You Need Professional Help With Your Divorce?

If you have a settlement agreement and a relatively uncomplicated case, you should be able to handle filing for divorce yourself. A do-it-yourself divorce will be the cheapest route to ending your marriage, but it will take some time and attention to detail to make sure you have all the right forms, have filled them out correctly, and have followed all of the steps and requirements for divorce in Maine.

Short of having an attorney represent you in the divorce, there are other ways of getting help with the process. For example, you could do one or a combination of the following:

• If you want the advantages of an uncontested divorce but are having trouble agreeing with your spouse about some issues, divorce mediation may help you work through the obstacles and reach an agreement before you start the divorce process. (And, as discussed below, the court will order you to participate in mediation if you don't have a complete agreement before you file for divorce.)
• You can file for divorce online by using a service that will provide you with the completed forms and basically walk you through the process. But online divorce services normally require that you have an uncontested divorce.
• Even if you pursue the DIY or online divorce option, you could consult with a lawyer when you have questions or want an independent legal review of your settlement agreement.

Without an agreement, you'll follow a traditional contested divorce route. Because that will almost certainly require hiring a lawyer—who will take care of the forms, filing, and all other legal matters during the divorce—the information outlined below is mainly focused on the filing process for folks who are handling their own divorce.

Preparing the Initial Divorce Papers

You can download most of the forms needed to file for divorce, along with instructions, on the Maine Courts website. The forms you'll need to start a divorce include the following:

• Complaint for Divorce: This form gives the court information about the marriage, the grounds for divorce, and what you're seeking in the divorce, such as custody or alimony.
• Summons: This form notifies your spouse of the divorce. You can't download this form from the court site. You have to get it from the District Court clerk for a small fee.
• Notice Regarding Electronic Service: This form gives you and your spouse the option to opt-in to Maine's electronic filing system.
• Family and Probate Matter Summary Sheet: This form is used for entering basic information about the case and the spouses.
• Social Security Number Confidential Disclosure Form.
• Child Support Affidavit: If you and your spouse have minor children, you'll need this form to provide the financial information for calculating the amount of child support under Maine's child support guidelines.

If you're the one who will start the divorce process, you'll fill out the forms as the "plaintiff," and your spouse will be the "defendant."

Filing and Serving the Divorce Papers

After you've completed the forms, you'll need to file them with the Maine District Court in the county where you or your spouse lives. (Me. Rev. Stat. tit. 4, § 155(3) (2023).)

In Maine, there are two ways of going about the filing process. You may either:

• first serve your spouse with the complaint, summons, and notice regarding electronic service (more below on how to do that) before filing the complaint, or
• file the complaint directly with the district court clerk before attempting to serve your spouse with the divorce papers.

If you use the first method, you must file the complaint with the court within 20 days after service is completed. If you use the second method, you have 90 days from the date you filed the complaint to serve the documents. The judge may dismiss your case if you miss the deadline. (Me. Rules Civ. Proc., rule 3 (2023).)

To file the divorce papers, you may either bring the documents in person to the court clerk's office or send them through the eFile Maine system. Currently, electronic filing is voluntary if you don't have a lawyer, but that could change. So it's worth checking with the court clerk's office on the current local practices.

Be prepared for the fact that the court charges a fee to filing legal papers. Maine's filing fee for a divorce complaint is $120 as of 2023. But the fees are always subject to change, so check ahead with the court clerk's office. If you can't afford to pay the filing fee, you may request a waiver by filing an "Application to Proceed Without Payment of Fees" (Form CV-067).

The easiest way to serve (formally deliver) the divorce papers is to simply send them to your spouse by first-class mail, along with two copies of the "Acknowledgment of Receipt of Summons and Complaint" form, and have your spouse sign and return one copy of the acknowledgment in the enclosed self-addressed stamped envelope. If you don't receive the signed acknowledgment within 20 days after you sent it, you'll need to use one of the following methods of service:

• send the divorce papers by registered or certified mail, with both restricted delivery and return receipt requested, or
• pay the local sheriff or other authorized process server to hand-deliver the documents to your spouse.

If you can't find your spouse, check with the court clerk about alternative methods of service, such as by publishing a notice in a newspaper. (Me. Rules Civ. Proc., rules 4, 103 (2023).)

Next Steps in Your Maine Divorce

After you've filed and served the divorce papers, pay attention to the next steps needed to move your case along.

Responding to the Divorce Papers

Ordinarily, your spouse will have 21 days after receiving a copy of the complaint to file an "answer," or an "answer and counterclaim." Defendant spouses don't have to file answers, but if they want to participate in the court case, they should at least file an "Entry of Appearance" (form FM-020). (Me. Rules Civ. Proc., rule 105 (2023).)

If your spouse doesn't file an answer or an appearance, the judge may sign a default divorce judgment based on what you requested in the complaint, but not until your spouse has received notice and a chance to be heard. (Me. Rules Civ. Proc., rules 55, 117 (2023).)

Financial Disclosures

Whenever you and your spouse have a dispute about the division of property, alimony, or a request for attorney's fees, both of you will have to exchange and file a financial statement. And, as mentioned above, you'll also have to submit child support affidavits if you have disagreements on that issue. (Me. Rules Civ. Proc., rule 108 (2023).)

You'll have to to provide a great deal of information on these forms about your income, expenses, assets,and debts. It's important to be as thorough as possible when completing the forms, so it's a good idea to gather as much of this information in advance as you can. Total honesty is a must. You could face penalties for failing to disclose all the requested information.

Mediation in Contested Divorces

In Maine, the judge must order you to participate in mediation if your case is contested—meaning that you haven't reached a complete settlement agreement before you filed for divorce. However, you may request that the mediation requirement be waived if you have a very good ("extraordinary") reason. (Me. Rules Civ. Proc., rule 92(b); Me. Rev. Stat. tit. 19-A, § 251 (2023).).

Parenting Education Course

In some cases, Maine judges may order divorcing parents to take a four-hour, court-approved parent education class, to help understand:

• the effects of separation and divorce on children
• children's needs during and after the divorce process, and
• common ways they react to the break-up of their family.

Finalizing Your Maine Divorce

The earliest you can finalize your divorce will be 60 days after the service of the summons and complaint. (Me. Rules Civ. Proc., rule 113 (2023).)

The actual amount of time it will take mostly depends on whether your divorce is contested or uncontested. If you have an uncontested case and have met all the legal requirements, you should be able to schedule the hearing in your case soon after the 60-day waiting period has elapsed. But you might have to wait longer for a hearing date if there's a backlog in your local court.

When your case is contested, it will take longer to get your final divorce judgment—sometimes a lot longer. Even when couples start out the divorce process with contested issues, most of them eventually settle those disputes, usually with the help of their lawyers, mediation, or both. But that process can take a few months, at least. And for the minority of couples who need to go to trial in their divorces, it can take a year or more before a judge finally decides the remaining issues and signs the final divorce judgment.