Maine divorce records serve as official documentation of marriage dissolutions that occurred within the state. These vital records are maintained by multiple agencies and provide important legal proof of divorce for various purposes, including remarriage, name changes, benefit claims, and genealogical research. Understanding how to access Maine divorce records, what information they contain, and how the system works helps you obtain the documentation you need efficiently and legally.
Maine's Vital Records System
Maine officially began preserving vital records on January 1, 1892, when the state implemented a centralized system for recording births, marriages, divorces, and deaths. This date represents a crucial milestone in Maine's record-keeping history, as it established standardized procedures for documenting vital events across all municipalities.
The Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention, through its Data, Research, and Vital Statistics (DRVS) office, maintains all vital records from January 1, 1892, to the present. This includes birth records, marriage records, divorce records, death records, and fetal death records. The vital records office serves as the central repository for these documents, though most municipal offices statewide also maintain copies of records for events occurring within their jurisdictions.
For divorce records created before January 1, 1892, you must contact the municipality where the divorce was granted or consult the Maine State Archives, which houses historical records from the pre-centralization period. These earlier records may be incomplete or organized differently from modern vital records, requiring additional research effort to locate specific documents.
What Maine Divorce Records Contain
Maine divorce records come in several forms, each serving different purposes and containing varying levels of detail. Understanding the differences between these record types helps you request the appropriate document for your needs.
Divorce Certificates
These official documents provide a summary of the divorce, including the names of both parties, the date the divorce was finalized, and the county where the divorce was granted. Divorce certificates serve as legal proof of divorce dissolution and are issued by the vital records office. They are typically one or two pages long and contain basic identifying information, but not the detailed terms of the divorce settlement.
Final Divorce Decrees
The decree represents the court's final order granting the dissolution of marriage. This comprehensive document, usually multiple pages long, contains all terms and conditions of the divorce including property division, spousal support, child custody arrangements, child support obligations, and visitation schedules. The decree is legally enforceable, meaning both parties must follow its provisions. Town and city clerks in the county where the divorce was granted maintain divorce decrees, and they're also available through the vital records office.
Court Case Files
Complete divorce case files include all documents generated during the divorce process, from the initial complaint through the final judgment. These files contain complaints, answers, financial affidavits, motions, court orders, mediation agreements, and other documents filed throughout the case. The clerk of the district court in the county where the divorce was granted maintains case files, which provide the most comprehensive record of divorce proceedings.
Public Access to Maine Divorce Records
Maine operates as a "closed records state" for vital records, meaning access is restricted based on relationship to the parties named in the record and the age of the record. This system balances public interest in records access with privacy protections for individuals.
Open Records
Divorce records become "open" to the public 50 years after the date of the divorce. Once a record reaches open status, anyone can obtain uncertified copies without proving relationship or legitimate interest. These historical records are valuable for genealogical research, academic studies, and historical documentation.
Closed Records
Divorce records less than 50 years old are considered "closed" and require requestors to prove direct and legitimate interest in the record or demonstrate their relationship to parties named in the record. To obtain certified or uncertified copies of closed divorce records, you must provide valid photo identification and documentation establishing your eligibility to access the record.
Protected Information
Under Maine's Freedom of Access Act, certain information within divorce records is never made publicly available regardless of the record's age. This includes social security numbers, detailed financial information, child custody evaluations, information that could threaten a child's safety, and records containing information about domestic violence or abuse victims. Courts may seal portions of divorce records or entire cases when necessary to protect privacy and safety.
Certified vs. Uncertified Copies
Certified copies of divorce records include an official seal and the registrar's signature, making them legally acceptable for official purposes such as remarriage, immigration proceedings, name changes, social security matters, and insurance claims. Uncertified copies, while accurate reproductions of the original record, are marked as "not valid for legal purposes" and cannot be used for official transactions. However, uncertified copies may be sufficient for personal records, genealogical research, or general reference purposes.
Who Can Obtain Maine Divorce Records
Eligibility to access closed divorce records depends on your relationship to the parties or your legitimate interest in the record. The vital records office and court clerks verify requestors' eligibility before releasing copies of closed records.
Parties Named in the Divorce
Either spouse named in the divorce record can obtain certified copies by providing valid photo identification. This includes both the plaintiff and defendant in the divorce action.
Parents or Legal Guardians
Parents or legal guardians of parties named in the divorce record can access records by providing identification and proof of their parental or guardian relationship.
Legal Representatives
Attorneys representing parties in matters related to the divorce can obtain records by providing documentation of their attorney-client relationship and legitimate need for the records.
Court Officers and Government Agencies
Certain government officials acting in their official capacity can access divorce records for legitimate governmental purposes, such as law enforcement investigations, child support enforcement, or social services administration.
Persons with Legitimate Interest
Individuals who can demonstrate a legitimate interest in the divorce record may be granted access. Legitimate interests include matters related to estate settlement, property rights, insurance claims, or legal proceedings where the divorce record is relevant evidence. You must provide documentation explaining your interest and why you need access to the record.
General Public (for Open Records)
Anyone can access divorce records that are 50 years old or older without proving a relationship or a legitimate interest.
How to Request Maine Divorce Records
Maine offers multiple methods for requesting divorce records, each with specific procedures and requirements. Choose the method that best suits your needs and circumstances.
Requesting Records in Person
Visit the vital records office in Augusta or the town or city clerk's office in the municipality where the divorce was granted during regular business hours. Bring valid photo identification and payment for the record fees. Staff will provide request forms to complete, verify your identification and eligibility, process your request, and provide copies of the requested records if available.
In-person requests typically receive same-day service if the records are readily accessible. This method works well when you need records quickly or want to verify that you're requesting the correct record before paying fees.
Maine Vital Records Office Location: Data, Research, and Vital Statistics 11 State House Station 220 Capitol Street Augusta, ME 04333-0011
Requesting Records by Mail
Complete a vital records request form (available on the Maine DHHS website or from municipal clerks). Include valid photo identification, acceptable forms include driver's license, passport, state-issued ID card, or military ID. Provide a check or money order payable to "Treasurer, State of Maine" for the appropriate fees. Include a self-addressed, stamped envelope for the return of the records. Mail all materials to the vital records office address listed above.
Mail requests typically require two to four weeks for processing and delivery, though processing times may extend during busy periods. This method works well for non-urgent requests or when you cannot visit offices in person.
Requesting Records Online
Maine has partnered with VitalChek to offer online ordering of certified vital records. Visit the VitalChek website and select Maine as your state, choose divorce records, complete the online application with required information, provide electronic copies of identification, pay fees using a credit or debit card, and select the delivery method (standard mail or expedited shipping).
Online requests through VitalChek include service fees in addition to the state's record fees, making them more expensive than in-person or mail requests. However, online ordering offers convenience and potentially faster processing with expedited shipping options.
Searching Court Records
For complete divorce case files rather than certificates or decrees, contact the district court in the county where the divorce was granted. Many Maine counties now offer online court record searches through the Maine court system's website, allowing you to search for cases by party names, case numbers, or date ranges. Online systems typically provide docket information and may allow viewing or downloading of court documents.
Some counties use the researchMAINE system for online court records searches. Visit researchmaine.tylerhost.net to search available court records. Note that not all documents in case files may be available online, and you may need to contact the court clerk directly for complete case files.
Fees for Maine Divorce Records
Maine charges fees for copies of divorce records, with prices varying based on record type, certification, and ordering method.
Vital Records Office Fees:
- First certified copy of a divorce record: $15
- Additional certified copies of the same record ordered simultaneously: $6 each
- Uncertified copies of open records: $3 each
- Expedited service fees (if requested): Additional charges apply
VitalChek Online Ordering Fees:
- State record fee: $15 for first copy, $6 for additional copies
- VitalChek service fee: Varies, typically $8-$12
- Shipping fees: Varies based on delivery method selected
- Total costs for online orders typically range from $25-$40 per record
Court Clerk Fees:
- Fees for copies of court documents vary by county
- Most courts charge $0.50-$1.00 per page for photocopies
- Certified copies may include additional certification fees
Fee Waivers: If you cannot afford record fees, you may request a fee waiver by completing an Application to Proceed Without Payment of Fees and supporting financial affidavit. The vital records office or court reviews your financial situation and determines whether you qualify for the waiver. Recipients of public assistance programs like TANF, SSI, or general assistance typically qualify for fee waivers.
Required Identification for Obtaining Records
Maine requires valid photo identification from all requestors seeking certified or uncertified copies of closed divorce records. This requirement prevents identity theft, protects privacy, and ensures records are released only to eligible individuals.
Acceptable Photo Identification:
- Driver's license (Maine or any U.S. state)
- State-issued identification card
- U.S. passport or passport card
- Military identification card
- U.S. government-issued photo ID
Alternative Identification (if no photo ID available):
If you lack acceptable photo identification, you may provide two alternative documents from this list:
- Bank statement showing your name and address
- Copy of income tax return
- Personal check with printed name and address
- Letter from government agency requesting a vital record
- Previously issued vital record certificate
- Social security card (Note: This proves identity but must be accompanied by another document showing current address)
- Department of Corrections identification card
- Voter registration card
- Medicare or Medicaid insurance card
- Recent pay stub
- Lease or rental agreement
When requesting records by mail or online, include clear photocopies of your identification. Original identification documents should never be mailed, send copies only.
Information Needed to Request Divorce Records
To locate the correct divorce record, provide as much identifying information as possible on your request form. Required and helpful information includes:
Essential Information:
- Full names of both parties to the divorce (including maiden names if applicable)
- Approximate date of divorce or year of divorce
- County where divorce was granted
Additional Helpful Information:
- Court case number (if known)
- Names of children from the marriage
- Address of parties at time of divorce
- Maiden name of wife
- Date and location of marriage
The more information you provide, the easier it is for records staff to locate the correct document. If you lack some information, provide what you know, staff can often locate records with partial information, though searches may take longer.
Historical Divorce Records and Genealogical Research
Researchers tracing family history often seek historical divorce records as part of their genealogical work. Maine's divorce records from 1892 forward are valuable resources for understanding family relationships, tracking name changes, and documenting family structures.
Accessing Historical Records:
The Maine State Archives maintains divorce index volumes from 1892 through 1963. These volumes compile lists of divorces reported by court clerks each year, organized alphabetically by county. Individual entries may include names of parties, maiden name of wife, marriage date, divorce date, and stated cause of divorce. However, information varies as not all court clerks provided complete details.
Digital Maine (digitalmaine.com) provides free online access to scanned images of historical divorce index volumes. You can browse these volumes by year and county to locate divorce information for your ancestors. The indices help identify which court granted the divorce, allowing you to request complete case files from the appropriate court or state archives.
For divorces occurring before 1930, many court records are available through FamilySearch.org. Search the FamilySearch catalog by Maine county name and select court records from search results. Digitized court records often include complete divorce case files with considerably more detail than index entries.
For divorces from 1930 forward, contact the Superior Court in the county where the divorce was granted to request court records. Contact information for all Maine Superior Courts is available on the Maine Judicial Branch website.
Genealogist Registration:
Frequent researchers can register as genealogists with the Maine vital records office. Registered genealogists receive simplified procedures for requesting vital records for research purposes. Registration requires demonstrating legitimate genealogical research activities and agreeing to use records only for research purposes, not commercial exploitation.
Using Divorce Records for Legal Purposes
Certified copies of Maine divorce records serve numerous legal purposes. Understanding when you need certified copies versus when uncertified copies suffice helps you avoid unnecessary expenses.
Situations Requiring Certified Copies:
- Remarriage (proving previous marriage was legally dissolved)
- Immigration and citizenship applications
- Name change processes
- Social security benefit claims
- Insurance policy changes or death benefit claims
- Property transactions related to divorce settlements
- Court proceedings where divorce status is relevant
- Changing identification documents to reflect post-divorce name
Situations Where Uncertified Copies May Suffice:
- Personal record-keeping
- Genealogical research and family history
- Background information for estate planning
- General reference purposes
When in doubt about whether you need a certified copy, contact the agency or organization requiring the divorce record to confirm their requirements.
Privacy and Confidentiality Protections
Maine law provides strong privacy protections for divorce records, particularly when children are involved or when records contain sensitive financial or personal information.
Sealed Records
Courts may seal divorce records entirely or seal portions of records when necessary to protect parties' privacy or children's welfare. Sealed records are not accessible through normal vital records requests. Accessing sealed records requires court order showing compelling need and legitimate purpose.
Redacted Information
When divorce records are released, staff may redact (black out) certain information before providing copies. Commonly redacted information includes social security numbers, children's addresses and school information, detailed financial account numbers, and information about domestic violence or abuse allegations.
Confidential Addresses
Parties who filed Affidavits for Confidential Address due to domestic violence concerns have their addresses protected from disclosure in public records. These protective measures remain in effect even after the divorce is finalized.
Correcting Errors in Divorce Records
If you discover errors in your divorce record, Maine law provides procedures for corrections, though the process varies depending on the type of error and when it's discovered.
Minor Clerical Errors
Spelling errors, transposed numbers, or other obvious clerical mistakes can often be corrected through the administrative process with the vital records office. Submit documentation showing the error and the correct information, such as the court divorce decree, identification documents, or other vital records. The vital records office reviews correction requests and may correct records administratively without court involvement.
Substantive Errors
Errors in substantive facts like dates, names, or other significant details typically require court action to correct. You may need to file a motion with the court that granted the divorce, requesting correction of the divorce decree. Once the court issues an amended decree, the vital records office can update its records to reflect the corrections.
Contact the vital records office for guidance on correction procedures specific to your situation. Staff can explain what documentation you need and whether court action is required.
Final Remarks
Maine divorce records provide essential documentation of marriage dissolution, serving both immediate legal needs and long-term historical purposes. Whether you need a divorce certificate for remarriage, a divorce decree to enforce support obligations, or historical records for genealogical research, understanding Maine's vital records system helps you obtain the documents you need efficiently.
Remember that Maine officially began maintaining divorce records on January 1, 1892, through its Data, Research and Vital Statistics office. Records from before this date require research through the Maine State Archives or municipal offices. The state protects privacy through its closed records system while balancing public interest in historical records by opening records after 50 years.
To successfully obtain Maine divorce records, verify you meet eligibility requirements for closed records, gather all identifying information about the divorce, prepare valid photo identification, choose the request method that best suits your needs (in-person, mail, or online), allow appropriate processing time, and be prepared to pay applicable fees or request fee waivers if needed.
By following the procedures outlined in this guide and understanding Maine's vital records system, you can access the divorce records you need for legal matters, personal record-keeping, or genealogical research. For questions about specific situations or challenging record requests, contact the Maine Data, Research, and Vital Statistics office at (207) 287-3181 or DHHS.VitalRecords@maine.gov for guidance.