Maine Divorce Filing Checklist 2025

Filing for divorce in Maine requires understanding the state's flexible residency rules, District Court procedures, and mandatory mediation requirements. Whether you're pursuing an uncontested divorce or preparing for a contested case, knowing the Family Division process can help you navigate your divorce with confidence. For a general overview of how divorce proceedings work, see our comprehensive guide.

Understanding Maine's Flexible Residency Requirements

Maine offers multiple pathways to establish jurisdiction for divorce, unlike states with a single strict residency threshold. According to 19-A M.R.S. §901, you can file for divorce in Maine if any one of these is true:

• You have lived in Maine in good faith for the 6 months before filing
• You are a Maine resident and the marriage took place in Maine
• You are a Maine resident and you both lived in Maine when the cause of divorce arose
• Your spouse is a Maine resident (no waiting period required for you)

Special provision for military members: If you're on active duty and stationed in Maine, or if you're the spouse or child's parent of such a service member, you're deemed a resident of your county of station or sojourn for filing purposes.

Choosing Your Venue: Which District Court?

Divorce actions are filed in the Maine District Court, Family Division. According to 4 M.R.S. §155, venue is proper in the judicial division where either party resides. If you and your spouse live in different divisions, you may file in either location.

Maine has multiple judicial divisions across the state, each with Family Division court locations. Choose the division that's most convenient based on where you or your spouse currently reside.

Grounds for Divorce: No-Fault and Fault Options

Maine recognizes both no-fault and fault-based grounds for divorce under 19-A M.R.S. §902. The most commonly used ground is the no-fault option:

• No-fault: Irreconcilable marital differences (no blame or proof required)

Maine also recognizes traditional fault grounds including adultery, impotence, extreme cruelty, utter desertion for 3 consecutive years, gross habits of intoxication, nonsupport, cruel and abusive treatment, and appointment of a guardian with full powers for a spouse.

Required Forms for Maine Divorce Filing

The Maine Judicial Branch provides all divorce forms free online, with one important exception. Your typical startup packet includes:

• FM-002: Family and Probate Matter Summary Sheet
• FM-004: Complaint for Divorce
• FM-038: Family Matters Summons and Preliminary Injunction (must be purchased from clerk; $5 in person or $10 by mail)
• CV-FM-036: Acknowledgment of Receipt of Summons and Complaint
• CV-CR-FM-PC-200: Social Security Number Confidential Disclosure (NOT served on your spouse)

If you have minor children, you must also file:

• FM-050: Child Support Affidavit
• FM-040: Child Support Worksheet

If property division or spousal support is at issue, you'll need:

• FM-043: Financial Statement

Filing Fees and Service Costs

Maine's divorce filing fee is straightforward and consistent statewide:

• Filing fee: $120 (fee waiver available if you cannot afford it by filing CV-067)
• Summons with court seal (FM-038): $5 at clerk's office; $10 by mail (includes postage)

Additional costs to budget for include:

• Service of process: Acknowledgment by mail is free (beyond postage); certified mail costs USPS fees; sheriff service typically adds $25-$50
• Mediation fee: Court-connected mediation typically costs around $80 per party per session (fee waivers available)

Estimate Your Maine Divorce Costs

Use our calculator to estimate filing fees, service costs, and mediation expenses based on your specific situation. Learn about strategies to reduce divorce expenses in our cost-saving guide.

The Automatic Preliminary Injunction

One unique aspect of Maine divorce is the automatic Preliminary Injunction under 19-A M.R.S. §903. This order comes with your Summons (FM-038) and immediately restrains both spouses from:

• Transferring or destroying marital property
• Removing a party or child from insurance coverage
• Changing beneficiaries on insurance policies or retirement accounts
• Tampering with each other's mail or communications
• Signing the other spouse's name on negotiable instruments

The injunction includes limited exceptions for necessities, business operations, counsel fees, and normal retirement withdrawals. It applies to the plaintiff upon filing and to the defendant upon service. Violations can lead to contempt of court.

Service of Process and Answer Deadlines

After filing, you must serve your spouse with the Summons and Complaint. Maine offers several service options:

• Acknowledgment by mail: Send two copies of CV-FM-036 to your spouse; if they sign and return one, file it with the court
• Certified mail (restricted delivery, return receipt requested): Save the green card for filing
• Sheriff service: Arrange for in-hand delivery; the sheriff provides a return of service

Under Maine Rule of Civil Procedure 105, the respondent has 21 days after service to file an Entry of Appearance and Answer. Even without an Answer, filing an Entry of Appearance allows the respondent to be heard on certain issues.

The 60-Day Waiting Period

According to Family Division Rule 113, the court cannot hold a final divorce hearing until at least 60 days after the defendant is served with the Summons and Complaint. This waiting period applies to both contested and uncontested cases.

This 60-day minimum is a floor, not a finish line. Even if you and your spouse agree on everything, the court cannot finalize your divorce before day 60 after service.

Case Scheduling Tracks: With or Without Children

Maine uses different procedural tracks based on whether you have minor children:

Cases With Minor Children (Rule 110A)

You'll typically have an initial appearance with a family law magistrate. The court may order parent education classes, schedule mediation, and set interim orders for parenting time and child support. Financial disclosures (FM-043, FM-050) must be exchanged within 21 days of the scheduling order or three business days before mediation, whichever is earlier.

Cases Without Children (Rule 110B)

The court sets an initial case management conference no sooner than 60 days after proof of service. If you've settled everything, you can file a certificate for an uncontested final hearing after day 60.

Mandatory Mediation Before Contested Hearings

Maine's court ADR program (CADRES) provides mediation in family matters. Before any contested hearing, mediation is "usually required" in divorce and parental rights cases. The clerk schedules mediation, which is held at the courthouse or by Zoom during business hours.

Fees are paid to the court (unless waived), and mediators are paid by the court. Safety accommodations, including separate rooms and remote participation, are available if there are domestic violence concerns.

E-Filing Through eFileMaine

As of 2025, eFileMaine is available for family matters in select locations: Bangor District Court, Androscoggin/Franklin/Oxford Region 3 courts, and Penobscot Region 5. Attorneys must e-file; self-represented parties may e-file but are not required unless they file more than six non-emergency family/civil cases per year.

Other courts still accept paper filing. Always verify your court's current e-filing status on the Judicial Branch's Maine eCourts pages.

Typical Maine Divorce Timelines

Timelines depend on whether your divorce is contested or uncontested:

• Uncontested divorce (no children): 2-4 months if paperwork is complete, service is straightforward, and court dockets allow. The 60-day minimum after service is the baseline.
• Uncontested divorce (with children): 3-5 months, allowing time for parent education completion and scheduling.
• Contested divorce: 6-12 months or longer, depending on complexity, mediation results, discovery needs, and trial scheduling.