Marriage & Divorce Laws in Maine

Maine Finances, Property and Support

Other Important Topics about Divorce in Maine 

Important Information About Divorce in Maine

What is the waiting period for divorce in Maine? 60 days

Do you need to be separated before filing for divorce in Maine? If so, for how long? No.

How is property divided (e.g., separate property/equitable property) in Maine? Equitable property

What is the filing fee for divorce in Maine? 120

Is a joint petition possible in Maine? No

How do you waive the filing fee in Maine? Fill out an Application to Proceed Without Fee (CV-067): https://www.ptla.org/request-waiver-fees-maine-court-forms

What are the rules for annulment in Maine? If the validity of the marriage is "doubted," a complaint for annulment can be filed, and the court will decide. https://legislature.maine.gov/statutes/19-A/title19-Asec752.html

Is there a faster way to divorce (e.g., summary dissolution) in Maine? Uncontested is the fastest.

What are the divorcing parties called in Maine? Plaintiff/Defendant

What are the methods of serving the divorce petition in Maine, and can the respondent waive service?

• Hand-delivery or mail delivery with signed Acknowledgment of Receipt of Summons and Complaint

• Certified mail with restricted delivery (returned certified mail card)

• Service by sheriff

What are the residency requirements for divorce in Maine? You must have lived in Maine for six months or more; OR be a Maine resident who married in Maine; OR be a Maine resident who lived in Maine when the cause of divorce arose; OR your spouse is a Maine resident.

Does it matter who files for divorce first in Maine? No.

What is the deadline for responding to a divorce petition in Maine? 21 days

Note: You are not required to file an answer, but if you wish to be heard, you should file an Entry of Appearance form (FM-020) and attend all court appearances. https://www.courts.maine.gov/courts/family/process.html

Are the parties required to go to court during divorce in Maine? Yes, typically two hearings: preliminary and final. The initial appearance is either a Case Management Conference (with minor children involved) or a Pre-Trial Conference (no children). If parties fully agree, the court may conduct a final uncontested hearing then. Otherwise, the court decides at a contested hearing.

Are there requirements before filing or finalizing divorce in Maine (like classes)? Not always, but the court may order a co-parent education class.

Is separation required before finalizing a divorce in Maine? No.

Is Maine a no-fault divorce state? Yes.

If fault-based divorce is used, what are the grounds in Maine? Adultery, cruelty/abuse, desertion (3 consecutive years), addiction, impotence, non-support, incapacitation. https://legislature.maine.gov/statutes/19-A/title19-Asec902.html

Is permanent alimony/spousal support available in Maine? Yes, sometimes ongoing.

What are the rules for alimony/spousal support in Maine? Courts consider incomes and other factors. Types: interim, general, transitional, reimbursement, nominal. More info: https://www.courts.maine.gov/help/guides/family-separation-guide.pdf

What are the child support rules in Maine? Each parent fills out a Child Support Affidavit (FM-050) and Child Support Worksheet. Maine expects both parents to contribute financially, often ordering payments from one parent to the other.

What are the rules for military divorce in Maine? Protections under Maine Servicemember's Civil Relief Act include extra time for appearances and accommodations. http://www.mainelegislature.org/legis/statutes/37-B/title37-Bsec389-A.html

Is there an official spousal support calculator in Maine? No. Judges evaluate several factors.

Is there an official child support calculator in Maine? No automatic online calculator. Use the Child Support Affidavit and worksheet from the Judicial Branch website to estimate support amounts.

When can you file taxes as single in Maine after divorce? If divorced or legally separated by December 31.

Can parties legally separate in Maine, and how? Yes, called Judicial Separation. https://legislature.maine.gov/statutes/19-A/title19-Asec851.html

Where do you file for divorce in Maine? At the courthouse based on your residence. https://www.courts.maine.gov/courts/find-by-town.html

What are the filing rules in Maine? File based on your residence. Must have lived in Maine for six months.

What primary documents are generated for divorce in Maine?

• Family and Probate Matters Summary Sheet

• Complaint for Divorce (FM-004 or FM-006)

• SSN Confidential Disclosure Form

• Child Support Affidavit (FM-050) if applicable

• Acknowledgment of Receipt of Summons and Complaint (FM-036)

• Family Matters Summons and Preliminary Injunction (FM-038A)

Can you change your name during divorce in Maine? Yes, in the divorce judgment. https://legislature.maine.gov/statutes/19-A/title19-Asec1051.html

Can you finalize divorce while pregnant in Maine? Not usually.

If divorce cannot be finalized during pregnancy, what are the post-pregnancy rules in Maine? You may file a Parental Rights and Responsibilities case. https://www.courts.maine.gov/courts/family/divorce-separation/parental-rights.html

What are the rules for ending domestic partnerships in Maine? Marriage automatically terminates a domestic partnership. https://www.maine.gov/dhhs/mecdc/public-health-systems/data-research/vital-records/documents/pdf-files/dompartinst.pdf

Are financial disclosures required in Maine? Yes. https://www.courts.maine.gov/courts/family/assets-debts.html

Is free legal help available for divorce in Maine? Yes, resources include: https://www.vlp.org/about/#family and https://www.ptla.org/our-mission-and-services

Is common law marriage recognized in Maine? No. https://www.courts.maine.gov/courts/family/unmarried.html

Is e-filing available in Maine? Yes, some courts accept e-filing. https://www.courts.maine.gov/ecourts/index.html

Are you required to appear in court during divorce in Maine? Yes, typically starting with a case management conference.

Sources:

https://legislature.maine.gov

https://www.courts.maine.gov