Maine Divorce Process

Filing for divorce in Maine requires meeting specific residency requirements, choosing grounds for the divorce, and following a structured court process that includes a mandatory 60-day waiting period. Whether your divorce is contested or uncontested, understanding the steps involved will help you prepare and avoid common pitfalls.

This guide walks through the entire Maine divorce process from start to finish. For a broader look at how divorce works across the country, see our complete guide to divorce.

Residency Requirements

Before you can file for divorce in Maine, you must meet one of the state’s residency requirements under 19-A MRS 901.

The six-month residency rule is the most commonly used path. If you recently moved to Maine, you must wait until you have lived in the state for a full six months before filing.

You file the divorce complaint in the District Court in the division where either spouse resides.

Grounds for Divorce in Maine

Maine recognizes both no-fault and fault-based grounds for divorce. However, the vast majority of divorces in the state are filed on the no-fault ground.

No-Fault Ground: Irreconcilable Marital Differences

The no-fault ground for divorce in Maine is that the spouses have irreconcilable marital differences (19-A MRS 902(1)(A)). This means the marriage has broken down and there is no reasonable possibility of reconciliation.

You do not need to prove that either spouse did anything wrong. This is the simplest, fastest, and most commonly used ground for divorce in Maine.

Fault-Based Grounds

Maine also permits divorce on fault-based grounds, including:

• Adultery
• Impotence
• Extreme cruelty
• Desertion for a period of at least three consecutive years
• Substance abuse (gross and confirmed habits of intoxication from alcohol or drugs)
• Nonsupport (failure to provide suitable maintenance when able to do so)
• Cruel and abusive treatment

Fault-based grounds require proof, which means a more complex proceeding. In practice, fault-based filings are uncommon because the no-fault ground achieves the same result without the burden of proof.

The 60-Day Waiting Period

Maine imposes a mandatory 60-day waiting period between the date of filing and the earliest date the court can enter a final divorce judgment (19-A MRS 902(1)(A)). This waiting period applies to all divorces, whether contested or uncontested.

The 60-day period begins when the divorce complaint is filed with the court and served on the other spouse. During this time, the parties may negotiate settlement terms, attend mediation, or prepare for trial.

For an uncontested divorce, the process can be completed relatively quickly after the 60-day period expires. For a contested divorce, the 60-day period is only the minimum — most contested cases take significantly longer.

Filing Fees and Costs

The filing fee for a divorce in Maine is approximately $120. This is the fee paid to the District Court when you file the divorce complaint. The responding spouse does not pay a separate filing fee unless they file a counterclaim.

If you cannot afford the filing fee, you may apply for a fee waiver by filing an Application to Proceed Without Payment of Fees. The court will review your financial situation and grant the waiver if you meet the income requirements.

Beyond the filing fee, additional costs may include:

• Service of process fees — typically $30 to $75 for sheriff service
• Attorney fees — which vary widely depending on the complexity of the case
• Mediation fees — if the case involves contested custody issues
• Guardian ad litem fees — if the court appoints one in a custody dispute
• Appraisal and valuation fees — for real estate, businesses, or retirement accounts

For a broader look at divorce costs, see our guide on how much does divorce cost.

Steps in the Maine Divorce Process

Step 1: File the Complaint for Divorce

The process begins when one spouse (the plaintiff) files a Complaint for Divorce with the District Court. The complaint identifies both parties, states the grounds for divorce, and outlines the relief sought — such as property division, alimony, child custody, and child support. Maine provides standardized court forms through the Maine Judicial Branch website.

Step 2: Serve the Other Spouse

The plaintiff must serve the complaint on the other spouse (the defendant) by sheriff, certified mail, or acceptance of service. The defendant has 20 days to file a response. If the defendant fails to respond, the plaintiff may seek a default judgment.

Step 3: Financial Disclosure

Both parties must file sworn financial statements detailing income, expenses, assets, and debts. Full financial disclosure is essential for the court to make fair decisions about property division, alimony, and child support.

Step 4: Negotiate or Mediate

Many Maine divorces are resolved through negotiation between the parties or their attorneys. If the parties can reach an agreement on all issues, they may file a stipulated agreement with the court and proceed to an uncontested hearing.

If the case involves contested custody or parenting issues, Maine law requires mediation before the case can proceed to trial (see below).

Step 5: Trial (If Necessary)

If the parties cannot reach an agreement, the case proceeds to a contested hearing before a judge. At trial, both parties present evidence and testimony. The judge then issues a decision on all unresolved issues.

Step 6: Final Judgment

Once the 60-day waiting period has passed and all issues are resolved — either by agreement or by court order — the judge enters a Judgment of Divorce. This document finalizes the divorce and sets out the terms for property division, alimony, child custody, and child support.

Mediation Requirement for Custody Disputes

Maine requires mediation before a contested custody or parenting issue can be heard by the court (19-A MRS 251). This is not optional — the court will not schedule a trial on custody matters until the parties have attempted mediation.

The court provides court-connected mediation at no cost to the parties. The mediator helps the parents work toward a parenting plan that serves the child’s best interests. If the parties reach an agreement in mediation, it is submitted to the court for approval.

If mediation does not result in an agreement, the mediator reports to the court that an impasse has been reached, and the case proceeds to a contested hearing.

For more on custody mediation generally, see our guide on custody mediation.

Property Division: Equitable Distribution

Maine is an equitable distribution state. This means the court divides marital property fairly, but not necessarily equally. The court considers a range of factors when deciding how to divide assets and debts.

What Is Marital Property?

Marital property includes most assets and debts acquired during the marriage — real estate, vehicles, bank accounts, retirement accounts, investments, and personal property. Non-marital property (separate property) includes assets owned before the marriage, inheritances, and gifts given to one spouse. Non-marital property is generally not subject to division.

Factors the Court Considers

Under 19-A MRS 953, the court considers the following factors when dividing marital property:

• Each spouse’s contribution to the acquisition of marital property, including the contribution of a homemaker
• The value of each spouse’s property, both marital and non-marital
• The economic circumstances of each spouse at the time of division
• The duration of the marriage
• The age and health of each spouse
• Each spouse’s needs, including the need to acquire education or training
• Any retirement benefits of each spouse
• Tax consequences of the proposed division
• Whether either spouse wasted or dissipated marital assets

The court has broad discretion to craft a division that is fair under the specific facts of each case. A 50/50 split is common but not required.

For a national overview of property division approaches, see our guide on property division in divorce.

Alimony in Maine

Maine courts may award spousal support (alimony) based on factors such as the length of the marriage, each spouse’s earning capacity, the standard of living during the marriage, and each spouse’s age and health.

Maine recognizes several types of spousal support, including general support (longer-term), transitional support (shorter-term to help a spouse adjust), and nominal support (preserving the right to seek support in the future).

For more on how alimony works, see our guide on how alimony works.

Uncontested vs. Contested Divorce

An uncontested divorce occurs when both spouses agree on all issues, including property division, alimony, and child custody. Uncontested divorces in Maine can be finalized relatively quickly after the 60-day waiting period, often at a brief court hearing.

A contested divorce occurs when the spouses cannot agree on one or more issues. These cases require more extensive court involvement and often take longer to resolve.

For more on the differences, see our guide on contested vs. uncontested divorce.

Frequently Asked Questions

How long does a divorce take in Maine?

The minimum time is 60 days from the date of filing. An uncontested divorce can be finalized shortly after the waiting period expires. A contested divorce may take six months to a year or more, depending on the complexity of the case and the court’s schedule.

Can I file for divorce in Maine if my spouse lives in another state?

Yes, as long as you meet Maine’s residency requirement — six months of residency or marriage in Maine with continued residence by at least one spouse. You can serve the out-of-state spouse by certified mail or other approved methods. However, the court’s ability to make orders regarding property outside Maine may be limited.

Do I need an attorney to get a divorce in Maine?

You are not legally required to have an attorney, and Maine provides court forms for self-represented litigants. However, consulting with an attorney is strongly recommended, especially if your case involves significant assets, retirement accounts, children, or disagreements about any issue.

Is mediation required in all Maine divorces?

Mediation is required only when custody or parenting issues are contested. If there are no children or if both parents agree on custody and parenting arrangements, mediation is not required. Property and financial disputes do not trigger the mediation requirement.

What happens to the marital home in a Maine divorce?

The court may award the home to one spouse, order the home to be sold and the proceeds divided, or allow one spouse to remain in the home for a specified period — such as until the youngest child reaches 18. The decision depends on the equitable distribution factors and the financial circumstances of both spouses.

What to Do Next

If you are considering divorce in Maine, the first step is to understand your legal rights and options. Every case is different, and the decisions you make early in the process can significantly affect the outcome.

Schedule a free consultation with a Maine family law attorney to discuss your situation, ask questions, and develop a plan for moving forward.