Maine divorce law governs how marriages legally end in the state, establishing requirements for filing, grounds for divorce, property division, spousal support, and child-related matters. Understanding Maine divorce law helps individuals navigate the legal process efficiently while protecting their rights and interests.
Legal Grounds for Divorce in Maine
Maine divorce law recognizes both fault-based and no-fault grounds for divorce, giving couples flexibility in how they file for divorce.
No-Fault Divorce
The most common ground is "irreconcilable marital differences," meaning the marriage has broken down completely with no reasonable prospect of reconciliation. This no-fault approach allows couples to file for divorce without proving either spouse did anything wrong. If one spouse files citing irreconcilable differences but the other spouse disagrees and believes the marriage can be saved, the judge may postpone the case and require both spouses to attend counseling with a qualified professional. The counselor provides a written report to both spouses and the judge. If the spouse denying the marriage breakdown refuses counseling without a good reason, the judge may consider this as evidence supporting the claim of irreconcilable differences.
Fault-Based Divorce
Maine law also allows divorce based on specific fault grounds, including adultery, extreme cruelty, desertion for three consecutive years, gross and confirmed drug or alcohol intoxication, willful or cruel refusal to provide support despite the ability to do so, cruel and abusive treatment, and incapacitation with a court-appointed guardian having full powers. While fault grounds remain available, most divorces proceed on no-fault grounds because fault-based divorces tend to be more contentious, expensive, and time-consuming.
Residency Requirements
Before you can file for divorce in Maine, you must meet residency requirements establishing the court's jurisdiction. Maine law allows filing if any of these conditions are met:
You have lived in Maine for at least six consecutive months immediately before filing, or you are a Maine resident and you were married in Maine, or you are a Maine resident and you lived in Maine when the cause of divorce arose, or your spouse is a Maine resident. These requirements ensure Maine courts have proper authority over divorce cases and prevent forum shopping where couples might seek favorable laws in other states.
Filing for Divorce
The legal process to file for divorce in Maine involves several steps and required court forms.
Preparing the Complaint for Divorce
This document initiates the divorce case and must include information about the marriage, state the grounds for divorce, and specify what you're requesting regarding property division, spousal support, child custody, and child support. You are the plaintiff (the filing party) and your spouse becomes the defendant.
Required Court Forms
In addition to the complaint for divorce, you must complete a Family Matter Summons and Preliminary Injunction (obtained from the district court clerk for a $5 fee), Notice Regarding Electronic Service, Family and Probate Matter Summary Sheet, Social Security Number Confidential Disclosure Form, and if children are involved, a Child Support Affidavit providing financial information for child support calculations.
Filing Fee
Maine district courts charge a $120 filing fee for divorce complaints. If you cannot afford this fee, you can request a fee waiver by filing an Application to Proceed Without Payment of Fees along with financial documentation showing your inability to pay.
Filing Location
File your divorce complaint in the district court in the county where either you or your spouse resides. Maine has district courts in every county serving all family law matters.
Service of Process
After filing, you must serve your spouse with copies of all documents, ensuring they receive proper notice of the divorce action. Service can be accomplished through certified or registered mail, sheriff's service (the most reliable method), or acceptance of service where your spouse voluntarily signs an acknowledgment form. Proper service is legally required before the divorce can proceed. Your spouse then has 20 days after service to file an answer responding to your complaint.
Contested vs. Uncontested Divorce
Maine divorce law recognizes two basic types of divorce proceedings based on whether spouses agree on divorce terms.
Uncontested Divorce
When both spouses agree on all major issues including property division, debts, spousal support, child custody, and child support, the divorce is uncontested. These cases proceed more quickly and cost less than contested divorces. Spouses can work together to create a separation agreement addressing all issues, which the court reviews for fairness before approving.
Contested Divorce
When spouses disagree on one or more significant issues, the divorce becomes contested. These cases require more court involvement including case management conferences, mediation (if children are involved), discovery to exchange financial information, and potentially a trial where a judge decides disputed matters. Contested divorces take longer to resolve and involve higher legal costs.
Mandatory Waiting Period
Maine law imposes a mandatory 60-day waiting period from the date of filing all necessary divorce paperwork until the final hearing can occur. This applies to all divorces, regardless of whether they're contested or uncontested. The waiting period gives couples time to reconsider their decision and ensures a thoughtful resolution of divorce issues.
Property Division Under Maine Divorce Law
Maine follows the principle of equitable distribution when dividing marital property. Equitable means fair but not necessarily equal, courts divide property based on what's just and reasonable given the circumstances.
Marital Property
Generally includes all property acquired during the marriage regardless of whose name is on the title, the increase in value of separate property during the marriage, retirement benefits earned during the marriage, and the marital home even if only one spouse is on the deed.
Separate Property
Typically includes property owned before marriage, gifts or inheritances received by one spouse, property designated as separate in a valid prenuptial or postnuptial agreement, and personal injury awards except for lost wages.
Division Factors
Maine courts consider numerous factors when dividing property including length of the marriage, each spouse's age and health, each spouse's occupation and employability, income and earning potential, liabilities and needs, contributions to the other's education or career, custodial parent status, economic circumstances at divorce, contributions as homemaker, and contributions to acquiring or preserving marital property.
Spousal Support (Alimony)
Maine divorce law recognizes several types of spousal support, with courts having broad discretion to award support based on case-specific factors.
General Support
Long-term support awarded when the marriage was lengthy or when the recipient spouse cannot achieve self-sufficiency due to age, health, or lack of job skills. For marriages lasting less than 10 years, courts presume general support shouldn't be awarded unless evidence shows otherwise. For marriages between 10 and 20 years, courts presume support should last no longer than half the marriage length, though evidence can overcome this presumption.
Transitional Support
Short-term support helping a spouse become self-supporting, typically lasting two to five years while the recipient obtains education, training, or adjusts to a lower standard of living. This addresses short-term needs resulting from divorce.
Reimbursement Support
Compensates a spouse who made significant contributions to the other's education, training, or career advancement during the marriage. This recognizes economic sacrifices one spouse made for the other's benefit.
Interim Support
Temporary support awarded during pending divorce proceedings to help with immediate financial needs.
Nominal Support
Token amounts (such as $1 monthly) preserve the court's jurisdiction to award future support if circumstances change.
Factors Considered
Courts evaluate the length of the marriage, each spouse's age and health, employment history and potential, income and resources, standard of living during marriage, contributions as homemaker, economic misconduct, tax consequences, health insurance and retirement provisions, and ability to become self-supporting.
Child Custody and Support
When children are involved, Maine divorce law prioritizes children's best interests above parents' preferences.
Child Custody Determinations: Courts consider the child's age and preferences if age-appropriate, each parent's relationship with the child, the child's adjustment to home and school, each parent's ability to provide for the child's needs, each parent's capacity to provide love and guidance, parents' ability to cooperate and facilitate the child's relationship with the other parent, and any history of abuse or domestic violence.
Legal vs. Physical Custody: Legal custody refers to decision-making authority for major issues like education and healthcare, while physical custody determines where the child primarily lives. Maine courts prefer joint legal custody when appropriate, allowing both parents to participate in important decisions.
Child Support: Maine uses specific guidelines based on both parents' incomes, number of children, and other factors including health insurance costs and childcare expenses. The guidelines create presumptive support amounts, though courts can deviate when circumstances warrant.
Real Estate Division
When divorcing couples own real estate, additional procedures apply. The court's divorce judgment specifies how real estate is awarded. The party receiving real estate must complete an Abstract of Divorce Decree form, have it certified by the court clerk for a $10 fee, and file it with the Registry of Deeds in the county where the property is located. This formally transfers title and provides public notice of the ownership change.
Mediation Requirements
Maine divorce law requires mediation in contested cases involving children unless extraordinary circumstances exist such as domestic violence. Mediation involves meeting with a neutral trained mediator who helps both parties try to reach agreements on disputed issues. Mediation typically costs $70 per person, though fee waivers are available for those unable to pay. Courts can waive mediation requirements when domestic violence history makes mediation unsafe or inappropriate.
Domestic Violence Protections
Maine divorce law recognizes that domestic violence affects divorce proceedings and provides protective measures. Courts can order that divorce proceedings be closed to the public upon request if the other spouse doesn't object. Victims of domestic violence can request that mediation be waived. Protection from Abuse orders can be filed simultaneously with divorce proceedings. Courts consider domestic violence history when making custody determinations and dividing property.
Modifying Divorce Orders
Property division orders cannot be modified after divorce finalization; these decisions are permanent. However, spousal support, child custody, and child support can be modified if circumstances substantially change. For spousal support awarded before October 2013, courts can modify if fairness requires it and the order doesn't prohibit modification. For support awarded after October 2013, modification requires both fairness considerations and a substantial change in financial circumstances.
Court Process and Procedures
After filing and service, contested cases typically involve a case management conference where the judge or magistrate identifies disputed issues and establishes a schedule for the case. If mediation doesn't resolve all issues, the court schedules a final hearing where both sides present evidence and witnesses. The judge then issues a final divorce decree addressing all outstanding matters.
Legal Representation
Many people navigate Maine divorce proceedings without attorneys, particularly in uncontested cases with limited assets and no children. However, hiring an attorney is advisable when you and your spouse disagree about children's decisions, complicated property or real estate issues exist, or domestic violence is present in the relationship. Maine offers legal assistance through Pine Tree Legal Assistance for qualifying low-income residents and the Maine Volunteer Lawyers Project for pro bono representation.