Filing for divorce in Maine involves specific legal procedures, required forms, and important deadlines that must be followed carefully. Whether you're considering divorce or ready to begin the process, understanding how to properly file and serve divorce papers ensures your case moves forward smoothly. This comprehensive guide walks you through every step of the Maine filing process, from gathering documents to serving your spouse, helping you navigate the district courts' system with confidence.
Maine's Residency Requirements for Filing
Before you can file a complaint for divorce in Maine, you must meet specific residency requirements that establish the court's jurisdiction over your case. Maine law allows you to file for divorce if any of these conditions apply:
- You have lived in Maine for at least six consecutive months immediately before filing your complaint for divorce. This is the most common residency requirement. You must maintain Maine residency throughout the divorce process until the final decree is issued.
- You are a Maine resident, and you were married in Maine. Even if you haven't lived in Maine for six months, you can file for divorce here if you're currently a Maine resident and your marriage took place in Maine.
- You are a Maine residen,t and you and your spouse lived in Maine when the cause of divorce arose. If the events leading to your divorce happened while both of you lived in Maine, and you're still a Maine resident, you can file here regardless of how long you've lived in the state.
- Your spouse is a Maine resident. You can file for divorce in Maine if your spouse currently lives here, even if you don't meet the other residency requirements.
These residency requirements ensure Maine district courts have the proper authority to handle your divorce case. You'll file your complaint for divorce in the district court in the county where either you or your spouse currently lives.
Grounds for Divorce in Maine
When preparing the initial divorce complaint, you must state the legal grounds (reasons) for your divorce. Maine recognizes both no-fault and fault-based grounds for divorce, giving you options based on your circumstances.
No-Fault Divorce
The most common ground is "irreconcilable marital differences," meaning your marriage has broken down completely with no reasonable chance of reconciliation. This no-fault ground doesn't require proving either spouse did anything wrong. However, if your spouse denies that irreconcilable differences exist and believes the marriage can be saved, the court may pause proceedings and require marriage counseling.
Fault-Based Divorce
Maine also allows divorce based on specific fault grounds, including adultery, extreme cruelty, desertion for three consecutive years, impotence, gross and confirmed drug or alcohol intoxication, willful refusal or neglect to provide support despite ability to do so, cruel and abusive treatment, and incapacitation with a court-appointed guardian. While fault grounds are available, most divorces proceed on no-fault grounds because fault-based divorces tend to be more contentious, expensive, and time-consuming.
Preparing the Initial Divorce Forms
Before filing with the district court, you must complete several required forms. The Maine Judicial Branch website provides most forms as free downloadable PDFs, though some must be obtained from the court clerk.
Required Forms for Maine Filing for Divorce:
- Complaint for Divorce: This primary document provides the court with essential information about your marriage, states the grounds for divorce, and specifies what you're requesting regarding property division, spousal support, child custody, and child support. You'll be listed as the "plaintiff" (the person filing), and your spouse will be the "defendant."
- Family Matter Summons and Preliminary Injunction: This form officially notifies your spouse of the divorce proceedings and includes an automatic preliminary injunction that prevents both spouses from hiding assets, selling property, changing insurance beneficiaries, or removing children from Maine during the divorce process. Unlike other forms, you cannot download this summons, you must obtain it from the district court clerk's office for a $5 fee.
- Notice Regarding Electronic Service: This form allows both spouses to opt into Maine's electronic filing system for receiving court documents electronically rather than by mail.
- Family and Probate Matter Summary Sheet: This cover sheet provides basic information about your case and helps the court clerk properly categorize and process your filing.
- Social Security Number Confidential Disclosure Form: This form protects personal identifying information while providing the court with necessary identification details.
- Child Support Affidavit: If you have minor children, this form is required to provide detailed financial information needed to calculate child support payments according to Maine's child support guidelines. The affidavit includes information about both parents' incomes, health insurance costs, childcare expenses, and other factors affecting child support calculations.
- Financial Statement: In cases involving property division, spousal support, or disputed financial matters, both spouses must complete and exchange detailed financial statements showing income, expenses, assets, and debts.
- Application to Proceed Without Payment of Fees: If you cannot afford the filing fee, complete this application along with supporting financial documentation to request a fee waiver from the court.
When completing these forms, accuracy is essential. Incorrect or incomplete forms delay your case and may be rejected by the court clerk. Take your time filling out each form completely, and consider having someone review them before filing.
Filing Fees and Fee Waivers
Maine district courts charge a filing fee of $120 for divorce complaints (subject to change, so verify current fees with your local court clerk). Additionally, you'll pay $5 for the Family Matter Summons form obtained from the clerk's office. Service costs vary depending on your chosen method, ranging from $8 for certified mail to $50 or more for sheriff's service.
If you cannot afford these costs, Maine law allows you to request a proceeding without payment of fees. To request a fee waiver, complete an Application to Proceed Without Payment of Fees (Form CV-067) along with a detailed financial affidavit showing your income, expenses, assets, and debts. The court reviews your financial situation and determines whether you qualify for the waiver.
Recipients of certain public benefits, including TANF (Temporary Assistance for Needy Families), SSI (Supplemental Security Income), or general assistance typically qualify automatically for fee waivers. If you receive these benefits, note this on your application and provide documentation.
Two Methods for Maine Filing for Divorce
Maine offers two distinct procedural paths for filing and serving divorce papers. Understanding these options helps you choose the approach that works best for your situation.
Method 1: Serve First, Then File
Under this approach, you complete all required forms and serve your spouse with the complaint, summons, and notice regarding electronic service before filing anything with the district court. After your spouse has been properly served, you must file the complaint with the court clerk within 20 days after service is completed. This method works well when you know exactly where your spouse lives and expect the service will proceed smoothly.
Method 2: File First, Then Serve
Alternatively, you can file the complaint for divorce with the district court clerk before serving your spouse. If you choose this path, you have 90 days from the filing date to complete service on your spouse. If you fail to serve the divorce papers within this 90-day window, the judge may dismiss your case for failure to prosecute. This method provides more time to locate your spouse or arrange service, making it preferable when service might be difficult.
Both methods are legally valid; choose based on your circumstances and preferences. Many people prefer filing first because the 90-day service deadline provides more flexibility than the 20-day deadline for filing after service.
Filing Your Divorce Papers with the District Court
Once your forms are complete, you're ready to file with the district court. You have two options for submitting your documents to the court clerk.
In-Person Filing: Visit the district court clerk's office in the county where you or your spouse resides during regular business hours. Bring your completed original forms plus copies for your records. The court clerk will review your documents for completeness, collect the filing fee (or process your fee waiver application), assign a docket number to your case, stamp your copies with the filing date, and return copies to you. Keep these stamped copies in a safe place; they're your official record that you filed.
Electronic Filing: Maine has implemented eFile Maine, a voluntary electronic filing system for self-represented parties (availability varies by court, so check with your local district court). Through this system, you upload your completed forms, pay the filing fee electronically, and receive electronic confirmation when your documents are filed. Electronic filing saves trips to the courthouse but requires computer access and basic technical skills.
The court clerk cannot provide legal advice or tell you which forms to use or how to fill them out, but they can provide general procedural information about filing requirements and deadlines.
Serving Your Spouse: Critical Legal Requirements
After filing your complaint for divorce, you must serve your spouse with copies of all filed documents. Service ensures your spouse receives official notice of the divorce proceedings and has an opportunity to respond. Maine law requires proper service before the divorce can proceed, and the court needs proof that service was completed correctly.
Acknowledgment of Service Method
The simplest and least expensive service method involves mailing the divorce papers to your spouse along with two copies of the "Acknowledgment of Receipt of Summons and Complaint" form and a self-addressed, stamped return envelope. Your spouse signs one copy of the acknowledgment form, keeps the other copy, and returns the signed original to you within 20 days after service. You then file this signed acknowledgment with the court as proof of service.
This method only works if your spouse is cooperative and willing to sign and return the acknowledgment voluntarily. If your spouse doesn't return the signed form within 20 days, you must use an alternative service method.
Certified or Registered Mail Service
If your spouse doesn't return the acknowledgment form, you can serve divorce papers by sending them via certified or registered mail with restricted delivery and return receipt requested. This method provides proof of delivery through the postal service's tracking and signature confirmation. The return receipt serves as proof of service to file with the court.
Sheriff or Process Server
You can pay a sheriff, deputy sheriff, or authorized process server to personally hand-deliver the divorce papers to your spouse. The server then completes a proof of service document (sometimes called a return of service) detailing when, where, and how they served your spouse. You file this proof of service with the court. Sheriff's service typically costs between $30 and $50, varying by location.
Service by Publication
When you cannot locate your spouse despite reasonable efforts, you may request permission from the court to serve by publication. This involves publishing a legal notice in a newspaper for a specified period. Service by publication requires court approval and must meet specific legal requirements. Consult with the court clerk or an attorney about this option if needed.
Important Service Rules
You cannot serve divorce papers yourself; someone else must deliver them to your spouse. The person who serves the documents must be at least 18 years old and not a party to the case. Proper service is critical; improper service can invalidate your entire divorce proceeding, forcing you to start over.
What Happens After Service
After being properly served, your spouse has 20 days after service to file a written response with the court. This response, called an "Answer," addresses the allegations in your complaint for divorce and may include defenses or counterclaims.
If your spouse agrees with everything in your complaint, they might file an Answer agreeing to all terms, or they might sign a waiver and consent form. If they disagree with any part of your complaint, their Answer will specify which issues are contested. Your spouse might also file an "Answer and Counterclaim," which responds to your complaint and makes their own requests regarding property division, spousal support, or child-related matters.
If your spouse wants to participate in the case but doesn't file a formal Answer, they should at least file an "Entry of Appearance" (Form FM-020), which notifies the court they're involved in the case and want to receive all court documents.
If your spouse doesn't respond within 20 days after service and doesn't file an Entry of Appearance, you can request a default judgment. However, Maine courts are cautious about granting defaults in family law matters and typically require proof that your spouse had proper notice and opportunity to respond before entering default judgments.
The Notice Regarding Electronic Service Option
Maine's electronic filing system allows parties to receive court documents electronically rather than by mail. The Notice Regarding Electronic Service form gives both you and your spouse the option to opt into this system.
If both parties consent to electronic service, most court documents will be sent via email rather than postal mail. This speeds up the process and reduces mailing costs. However, electronic service requires having a reliable email address and regularly checking email for court documents.
You can opt into electronic service even if you file your initial documents on paper. The Notice Regarding Electronic Service form explains the process and requirements. If you choose electronic service, you must maintain current contact information with the court and promptly notify the court of any changes to your email address.
Case Management and Next Steps
After you complete the Maine filing for divorce and serve your spouse, the court schedules next steps based on whether your case is contested or uncontested.
Uncontested Cases: If both spouses agree on all issues (property division, spousal support, child custody, child support), you may be able to proceed directly to a final hearing after the mandatory 60-day waiting period. Some courts allow parties to submit a "Certificate in Lieu of Case Management Conference" when all issues are resolved by agreement, potentially eliminating the need for preliminary court appearances.
Contested Cases: If any issues are disputed, the court will schedule a case management conference (also called an initial appearance or pretrial conference) with either a judge or family law magistrate. This conference typically occurs within a few weeks after the Answer is filed. At this conference, the court identifies contested issues, discusses resolution options, and establishes a schedule for the case, including deadlines for discovery, mediation, and other proceedings.
Mandatory Mediation: Maine courts require mediation in contested divorce cases involving children unless extraordinary circumstances exist (such as domestic violence). Mediation involves meeting with a neutral mediator who helps both spouses try to reach agreements on disputed issues. Mediation typically costs $70 per person (though fee waivers are available), and most courts have mediation programs available.
The 60-Day Minimum Waiting Period
Maine law imposes a mandatory 60-day waiting period from the date of service before a divorce can be finalized. This cooling-off period applies to all divorces, regardless of whether they're contested or uncontested. The purpose is to give couples time to reconsider their decision and ensure they're making thoughtful choices about their future.
Even in completely uncontested cases where both spouses agree on everything from the start, the court cannot issue a final divorce decree until at least 60 days have elapsed from the date the defendant was served with the summons and complaint. This waiting period begins on the date of service, not the filing date.
While you cannot finalize your divorce before 60 days, you can use this time productively by completing required financial disclosures, attending mediation, negotiating settlement terms, and preparing for your final hearing.
Getting Help with Maine Filing for Divorce
While many people successfully handle uncontested divorces themselves, consider getting professional help if:
- Your spouse contests any issues in the divorce
- Significant assets, real estate, businesses, or retirement accounts are involved
- You need spousal support or are being asked to pay it
- Child custody is contested
- Domestic violence has occurred
- Your spouse has hired an attorney
- You feel overwhelmed by the process or forms
Resources available to help with Maine filing for divorce include:
- Courthouse Assistance Projects: Many Maine district courts have courthouse assistance projects staffed by volunteers who can answer basic procedural questions and help you complete forms. They cannot provide legal advice but can guide you through the filing process.
- Pine Tree Legal Assistance: This organization provides free legal help to low-income Maine residents. Call to see if you qualify for assistance.
- Maine State Bar Association Lawyer Referral Service: This service connects you with attorneys who offer initial consultations for a small fee. Call 1-800-860-1460 for referrals.
- Online Resources: The Maine Judicial Branch website (courts.maine.gov) provides forms, instructions, and general information about divorce procedures.
Special Considerations for Specific Situations
Certain circumstances require additional forms or special procedures during Maine filing for divorce:
- Divorces Involving Children: In addition to standard divorce forms, you must complete a Child Support Affidavit providing detailed financial information for both parents. You'll also need to address parental rights and responsibilities (custody and visitation) in your complaint or through a separate parenting plan.
- Domestic Violence Cases: If domestic violence has occurred in your relationship, you may request that the court waive the mediation requirement and can file for a Protection from Abuse order simultaneously with your divorce. You can also request that your address remain confidential on court documents.
- Military Service: If your spouse is in military service, special protections under the Servicemembers Civil Relief Act may apply, potentially affecting service requirements and proceeding timelines. Consult with an attorney if your spouse is in the military.
- Out-of-State Spouse: If your spouse lives in another state, service requirements and jurisdictional issues become more complex. Consult the court clerk or an attorney about proper procedures for out-of-state service.
Preliminary Injunction
When you file for divorce, the Family Matter Summons and Preliminary Injunction includes an automatic court order that takes effect immediately and remains in force throughout the divorce process. This preliminary injunction prevents both spouses from:
- Selling, transferring, mortgaging, or otherwise disposing of marital property without court permission or written agreement from the other spouse
- Changing beneficiaries on life insurance policies, retirement accounts, or other assets
- Incurring unreasonable debts
- Removing minor children from Maine without the written consent of the other parent or court permission
- Harassing, threatening, or physically abusing the other spouse
Violating the preliminary injunction can result in contempt of court charges with potential penalties, including fines or jail time. The injunction protects both spouses' interests during the divorce process by maintaining the status quo until final division of property and resolution of other issues.
Moving Forward with Your Maine Divorce
Maine filing for divorce requires careful attention to procedural requirements, deadlines, and documentation. By understanding the residency requirements, gathering proper forms, meeting filing deadlines, and ensuring proper service on your spouse, you set your case up for smooth progression through the district courts system.
Remember these key points as you proceed:
- Verify you meet residency requirements before filing
- Complete all required forms thoroughly and accurately
- File your complaint for divorce in the correct county district court
- Serve your spouse properly using an approved method within required timeframes
- File proof of service with the court
- Respect the 60-day minimum waiting period
- Attend all scheduled court appearances and meet all deadlines
- Provide complete, honest financial disclosure
- Consider professional help if your case involves complexity or contested issues
While divorce is never easy, understanding the procedural requirements for Maine filing for divorce filings helps reduce stress and uncertainty. Whether your divorce proceeds as an uncontested matter resolved quickly or becomes contested, requiring mediation and court intervention, following proper procedures ensures your case moves forward efficiently toward resolution.