Getting divorced in Maine requires completing and filing specific legal documents with the district court. Understanding which forms you need, how to complete them properly, and when to submit them can make the difference between a smooth process and costly delays. This comprehensive guide walks you through everything you need to know about Maine divorce forms and the documentation required to file for divorce.
Maine's Divorce Documentation Requirements
Before you can proceed with a divorce case in Maine, you must gather and complete several essential forms. The Maine Judicial Branch provides most of these forms free of charge on their website, though certain documents like the Family Matter Summons require a small fee from the clerk's office. The specific forms you'll need depend on whether you have children from the marriage and whether your divorce will be contested or uncontested.
Essential Forms for Filing a Complaint for Divorce
The Complaint for Divorce serves as the foundational document that initiates your divorce proceedings. This form requires detailed information about your marriage, including the names of both spouses, the date and location of your wedding, and the grounds for divorce. You'll need to specify whether you're filing based on irreconcilable marital differences (no-fault) or citing specific fault grounds such as adultery, desertion, or cruel treatment.
When completing the Complaint for Divorce, you must also provide information about any children from the marriage, including their names, birthdates, and current living arrangements. If you own real estate together, you'll need to include details about those properties. The complaint should clearly state what you're requesting from the court, whether that's spousal support, a specific division of property, or particular custody arrangements.
The complaint form designates you as the plaintiff since you're initiating the divorce action, while your spouse becomes the defendant. You must sign the complaint under oath, certifying that the information you've provided is truthful and accurate to the best of your knowledge.
The Family Matter Summons and Preliminary Injunction
Unlike other divorce papers that can be downloaded free from the Maine Courts website, the Family Matter Summons and Preliminary Injunction must be obtained directly from the district court clerk's office for a five-dollar fee. This document serves two critical purposes in your divorce case.
First, the summons officially notifies your spouse that you've filed for divorce and informs them of their rights and obligations in responding to the complaint. It specifies the timeframe within which your spouse must file an answer or enter an appearance in the case.
Second, the preliminary injunction that accompanies the summons automatically prohibits both parties from taking certain actions while the divorce is pending. Neither spouse can transfer, encumber, or hide marital assets without written consent from the other party or permission from the court. The injunction also prevents either spouse from removing the other or any children from health insurance coverage, and it prohibits restraining the personal liberty of the other party or children.
This automatic injunction protects both spouses during the divorce process by maintaining the status quo and preventing one party from dissipating marital assets or taking other harmful actions before the final hearing.
Financial Documentation Requirements
Maine courts require extensive financial disclosure in divorce cases, particularly when disputes exist regarding property division, spousal support, or child support. The Financial Statement form (FM-043) provides the court with a comprehensive picture of each spouse's financial situation.
This detailed form requires you to list all sources of income, including wages, self-employment income, rental income, investment returns, and any other money you receive. You must also itemize your monthly expenses, covering everything from housing costs and utilities to food, transportation, insurance, and entertainment.
The financial statement demands disclosure of all assets, including real estate, vehicles, bank accounts, retirement accounts, investments, and personal property. You must also list all debts and liabilities, such as mortgages, credit card balances, car loans, student loans, and any other money you owe.
Both spouses must complete and exchange financial statements before attending mediation or any hearing where financial issues will be discussed. The court uses this information to make informed decisions about equitable distribution of the marital estate and appropriate support awards.
If you and your spouse have reached complete agreement on all financial matters and have no financial disputes, you may instead file a Certificate in Lieu of Financial Statement (FM-042), which is a simplified alternative.
Child-Related Forms and Documentation
When minor children are involved in your divorce, additional forms become necessary. The Child Support Affidavit provides the financial information needed to calculate appropriate child support payments under Maine's child support guidelines.
This affidavit requires detailed information about both parents' incomes, health insurance costs, childcare expenses, and any other children either parent supports. The court uses this data to determine each parent's proportionate share of child support obligations based on the Income Shares Model that Maine employs.
You'll also need to complete forms addressing parental rights and responsibilities, which have replaced the term "custody" in Maine law. These forms outline your proposed arrangements for decision-making authority regarding the children's education, healthcare, religious upbringing, and other important matters. They also address residential schedules, specifying where the children will live and when they'll spend time with each parent.
Forms for Property and Real Estate Matters
If you and your spouse own real estate together, you must complete a Certificate Regarding Real Estate form. This document provides the court with essential information about any property you own, including the registry of deeds where the property is recorded, the book and page numbers of the deed, and details about mortgages or other encumbrances on the property.
After your divorce is finalized, if the court awards real estate to one spouse or the other, you'll need to prepare an Abstract of Divorce Decree (FM-171). This form summarizes the real estate award in the divorce judgment and must be recorded with the appropriate Registry of Deeds to provide public notice of the property transfer.
To obtain a certified abstract, you submit the completed form to the court clerk along with a ten-dollar certification fee. Once you receive the certified abstract back from the clerk, you must then mail it yourself to the Registry of Deeds in the county where the real estate is located, along with the required recording fee.
Service and Acknowledgment Forms
After filing your complaint for divorce, you must officially serve your spouse with copies of the divorce papers. The Acknowledgment of Receipt of Summons and Complaint form provides a simple method for your spouse to confirm they've received the documents and wish to participate in the case.
When you mail the divorce papers to your spouse, you include two copies of this acknowledgment form along with a self-addressed, stamped return envelope. Your spouse signs one copy and returns it to you within 20 days. This signed acknowledgment serves as proof of service that you file with the court.
If your spouse doesn't return the signed acknowledgment within the required timeframe, you'll need to arrange service through certified mail with return receipt requested or by hiring the sheriff's office or a professional process server to hand-deliver the documents.
Answer and Counterclaim Forms
When your spouse receives the complaint for divorce, they have 21 days to file a response. The Answer form allows your spouse to admit or deny the allegations in your complaint. If they disagree with anything you've stated or requested, they can explain their position in the answer.
The Counterclaim form enables your spouse to make their own requests of the court. For example, if you've requested spousal support in your complaint, your spouse might file a counterclaim requesting that no support be awarded, or they might make their own request for support. The counterclaim essentially allows your spouse to assert their own position on contested issues.
If your spouse doesn't file an answer or counterclaim but still wants to participate in the divorce proceedings, they should at least file an Entry of Appearance form (FM-020). This document notifies the court that they're aware of the divorce action and intend to be involved in the process.
Family and Probate Matter Summary Sheet
This administrative form provides the court with basic information about your case. You'll complete it when you file your complaint for divorce, listing both spouses' names, contact information, and the type of family matter you're filing.
The summary sheet also asks about the presence of minor children, whether you're requesting a jury trial, and other procedural information that helps the court manage your case efficiently. While this form may seem less important than the substantive documents, completing it accurately ensures your case gets properly entered into the court system.
Social Security Number Confidential Disclosure Form
To protect sensitive personal information while still providing the court with necessary identification details, Maine requires a separate confidential form for Social Security numbers. This form isn't included in the public court file but remains available to the court for identification purposes.
Both spouses must provide their Social Security numbers on this confidential form. This information helps prevent identity mix-ups and ensures accurate record-keeping without exposing private data in publicly accessible documents.
Motion and Order Forms for Special Circumstances
Depending on your situation, you may need additional forms beyond the basic divorce packet. If you cannot locate your spouse to serve them with the divorce papers, you may need to file an Order for Service by Publication, which allows you to publish notice of the divorce action in a newspaper.
If your spouse fails to respond to the complaint and you wish to proceed with a default judgment, you'll need forms specific to that process. For temporary orders addressing urgent matters like support or custody while the divorce is pending, you'll file motion forms requesting the court's intervention.
When you need to enforce court orders or hold your spouse in contempt for violating a court order, specific motion forms address those situations. Similarly, if circumstances change after your divorce is finalized and you need to modify child support, custody, or spousal support, you'll use post-judgment motion forms.
Certificate in Lieu of Case Management Conference
When you and your spouse agree on all terms of your divorce and have no disputed issues, you can file a Certificate in Lieu of Case Management Conference. This form allows your case to bypass the standard case management process and proceed directly to a final hearing.
By signing this certificate, both spouses confirm that they've reached agreement on property division, debt allocation, and if applicable, all child-related matters and spousal support. The certificate streamlines the process for uncontested divorces, saving time and reducing court congestion.
Mediation and Alternative Dispute Resolution Forms
Maine courts require mediation in contested divorces involving children, and mediation is available as an option in other contested cases. When mediation results in agreements, the mediator typically prepares a summary of those agreements for the court's review.
If you wish to request mediation in a divorce without children, you should send a written request to the court clerk. A simple letter explaining your desire to mediate rather than proceeding directly to trial is usually sufficient.
Notice Regarding Electronic Service
Maine's eFile system allows parties to file documents electronically and receive electronic service of papers from the court and other parties. The Notice Regarding Electronic Service form gives you and your spouse the option to participate in this electronic filing system.
While electronic filing remains voluntary for self-represented parties in many Maine courts, this could change over time. The eFile system can make document submission more convenient and often speeds up the process since you don't need to physically deliver papers to the courthouse.
Tips for Completing Maine Divorce Forms Correctly
Accuracy and completeness are essential when completing divorce forms. Incomplete or incorrect forms will be returned to you unfiled, delaying your case. Always use the most current version of forms available on the Maine Courts website, as outdated versions won't be accepted.
Print clearly or type your information on the forms. If you make a mistake, don't use correction fluid; instead, draw a single line through the error, write the correct information nearby, and initial the change. Sign forms only where specifically indicated and make sure all required signatures are present before filing.
Keep copies of every document you file with the court and every paper you receive from your spouse or the court. Maintain an organized file with all divorce-related documents, as you may need to reference them throughout the process.
Pay close attention to deadlines specified in court rules and orders. Missing filing deadlines can result in dismissal of your case or other negative consequences. When serving papers on your spouse, ensure you follow all procedural requirements to avoid having to repeat the service process.
Obtaining and Filing Forms
Most Maine divorce forms are available for free download from the Maine Judicial Branch website. You can search their online forms database or access pre-assembled packets for divorces with or without children. Paper copies of forms are also available from any clerk's office, with most being free and some requiring a five-dollar fee.
When you're ready to file your forms, you can submit them in person at the district court clerk's office in the county where you or your spouse resides. Some courts also accept filings through the eFile Maine system. Contact your local court to verify current filing procedures and whether electronic filing is available in your jurisdiction.
Maine's filing fee for a complaint for divorce is typically $120, though fees are subject to change. If you cannot afford the filing fee, you can request a waiver by completing an Application to Proceed Without Payment of Fees (Form CV-067). The court will review your financial situation to determine if you qualify for the waiver.
Getting Help with Forms
While many people successfully complete and file Maine divorce forms without legal assistance, the process can be complex, especially in contested cases or those involving substantial assets, businesses, or complicated custody issues. Even for seemingly straightforward divorces, consulting with a family law attorney can ensure you understand your rights and complete forms correctly.
The Maine Courts website provides instructions and guides to help self-represented parties navigate the divorce process. Your local court clerk can answer procedural questions about filing and serving documents, though they cannot provide legal advice about which forms to use or how to fill them out.
If you need legal assistance but cannot afford to hire an attorney for full representation, you might consult with a lawyer for limited-scope services, such as reviewing your completed forms or advising you on specific legal questions. Some attorneys offer unbundled services where they help with particular aspects of your case while you handle other portions yourself.
Understanding Maine divorce forms and completing them accurately is crucial for a successful divorce process. By gathering the right documents, providing complete and truthful information, and following all procedural requirements, you can avoid unnecessary delays and move forward with finalizing your divorce.