Divorce in Maine

Everything to Know About Divorce in Maine

Written by Katie Reseburg | Apr 11, 2025 8:44:43 PM

Divorce can feel overwhelming, especially when the legal process is unfamiliar. This guide to divorce in Maine is here to help you cut through the noise. It covers the process, the paperwork, and the decisions you’ll need to make—without the legal jargon.

Prerequisites for divorce in Maine

Residency

To file for divorce in Maine, at least one spouse must:

  • Have lived in the state for six months or more, or
  • Be a Maine resident and married in the state, or
  • Be a resident when the cause of divorce occurred in Maine

Waiting period

There is a 60-day waiting period after the Complaint is served before a divorce can be finalized.

Separation requirement

Maine does not require a period of physical separation before filing for or finalizing divorce.

Grounds for divorce

Maine allows both fault and no-fault options.

  • No-fault: Based on "irreconcilable marital differences"
  • Fault-based: Includes adultery, cruelty, desertion (3+ years), substance abuse, impotence, or neglect

Fault may influence property division and spousal support but isn’t required, and can make things more complicated.

How to file for divorce in Maine

  1.  File a Complaint for Divorce in the district court serving your county.
  2.  Serve the other spouse via hand-delivery or mail with signed receipt.
  3.  Response deadline: The spouse has 21 days to respond.
  4.  Court hearings: One or more hearings may be required (preliminary and final). You may reach an agreement and file written terms without trial.
  5.  Judgment issued by a judge finalizing the divorce.

Cost of divorce in Maine

The filing fee is $120 (subject to county variation). Additional costs may include:

  • Service of process
  • Mediation or co-parenting class (if required)
  • Attorney’s fees

You can apply for a fee waiver using this application if you can’t afford the cost.

Property and debt division in Maine

Maine uses equitable distribution. The court divides marital assets and debts fairly, not necessarily equally.

Judges consider:

  • Income and contributions of each spouse
  • Duration of the marriage
  • Economic misconduct (e.g. hiding assets)
  • Age and health of each party

Separate property—like inheritance, gifts, or pre-marriage assets—is usually excluded unless mixed with marital funds.

Spousal support (alimony) in Maine

Spousal support in Maine isn’t automatic and must be requested. The court decides based on:

  • Each person’s income and ability to support themselves
  • Standard of living during the marriage
  • Length of the marriage
  • Health and age

Support may be:

  • Transitional: Short-term, to help a spouse get back on their feet
  • Rehabilitative: For education or training
  • General: Ongoing support, more common after long marriages

There’s no fixed formula—judges decide case-by-case.

Child custody and support in Maine

Custody

Maine courts decide parental rights based on the best interests of the child.

  • Courts can assign shared parental rights or grant primary care to one parent.
  • Parents may be required to attend a co-parenting class.

Support

  • Each parent fills out a Child Support Affidavit.
  • Maine uses an income shares model to calculate support.
  • Unlike some states, Maine doesn’t have an official online calculator, but worksheets are available from the court.

Military divorce in Maine

If one spouse is in the military, they are protected by Maine’s Servicemembers Civil Relief Act, which can pause proceedings during deployment. Either spouse can meet Maine residency rules.

Legal separation and annulment

Judicial separation is allowed—this lets couples divide property and determine support or custody while remaining legally married.

Annulment is available in rare cases (e.g. incest, bigamy, underage marriage, fraud, or lack of capacity).

Can you file for divorce online in Maine?

Some Maine courts accept e-filing, but availability depends on the district. You can check status and find forms at: Maine Judicial Branch – Family Division.

After divorce: what comes next

  • You may change your name as part of the final judgment.
  • File taxes as single if divorce is finalized before Dec 31.
  • You can request changes to custody, support, or alimony later.
  • Update your will, insurance, and financial documents.

Legal help and resources

Divorce in Maine isn’t always fast or simple, especially with required waiting periods and multiple court steps. But understanding your rights, the process, and the paperwork ahead of time can make a big difference. Whether you’re pursuing a no-fault split or dealing with custody, support, or complex property issues, being prepared helps you avoid delays and surprises.

You’ve got options. Schedule a free with Hello Divorce to learn them, get organized, and move forward with confidence.
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