How to File for Divorce in Maine

Divorce cases in Maine are filed in the Maine District Court (Family Division) for the county where either spouse lives. Maine follows equitable distribution, so the court aims for a fair—not automatically equal—division of marital assets and debts. Most cases proceed on no-fault grounds and can resolve largely on paperwork if the parties are organized and cooperative.

Requirements to File

You can file in Maine if at least one of the following is true: one spouse has lived in Maine for at least 6 months before filing, the respondent lives in Maine, the parties were married in Maine and the filing spouse lives here, or the cause of divorce occurred in Maine and the filing spouse lives here. File in the District Court for your county. There is no pre-filing separation requirement, but the court generally cannot finalize the divorce until at least 60 days after service.

Step-by-Step Process

Step 1: Choose your path and gather forms.
If you agree on property, debts, and (if applicable) parenting, plan an uncontested case. Prepare the Complaint for Divorce, the Family Matter Summons and Preliminary Injunction, and your financial disclosure. If you have minor children, draft a Parenting Plan and complete any parent education required locally.

Step 2: File with the clerk.
File your packet with the District Court clerk in your county. Pay the filing fee or request an in forma pauperis waiver if payment would be a hardship. The clerk issues your case number and file-stamped copies. The Preliminary Injunction takes effect when served.

Step 3: Serve your spouse.
Arrange personal service by sheriff or a professional process server, or use a signed Acknowledgment/Acceptance of Service if your spouse cooperates. If you cannot locate your spouse despite diligent search, request alternate service, such as publication, with court approval. Keep your proof of service.

Step 4: Observe timelines and exchange disclosures.
Your spouse typically has 20 days after in-state service to file an Answer. Exchange complete financial information early; clean disclosures reduce continuances and help settlement. Parenting cases may require court-connected mediation if disputes persist.

Step 5: Settlement or hearing.
If you reach agreement, submit a Marital Settlement Agreement, any required child support and custody orders, and a proposed Decree for the judge’s review. If issues remain, the court may schedule status conferences, mediation, and hearings.

Step 6: Final decree.
After the 60-day waiting period from service and court review, the judge issues a Decree of Divorce covering property and debt division, spousal support if any, parental rights and responsibilities and child support if applicable, and any name change. Obtain certified copies to update records and accounts.

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FAQs

Do we need to be separated before filing in Maine?
No. There is no separation requirement to file, but the court generally cannot finalize the case until at least 60 days after service.

Which court handles divorces in Maine?
The Maine District Court (Family Division) in the county where either spouse resides.

How long does a Maine divorce take?
Uncontested cases may finalize soon after the 60-day post-service period if paperwork is complete; contested cases depend on court calendars and the complexity of disputes.