Divorce in Maine

How to file for divorce in Maine

1. Check residency. 6 months of Maine residency before filing, unless the couple married in Maine, the cause arose in Maine, or the defendant is a Maine resident.
2. Prepare and file the Complaint for Divorce (Form FM-004 or FM-006) with the District Court (Family Division) in your county. The filing fee is typically $120, and you can ask for a fee waiver if you cannot afford it.
3. Serve your spouse, or have them sign an acceptance of service, and file proof of service.
4. Exchange financial disclosures. Both spouses must exchange complete financial information, and cases involving children also require a Child Support Affidavit (Form FM-050).
5. Settle the issues in a written agreement, and a parenting plan if you have children.
6. Wait out the waiting period. 60 days from the date your spouse is served, before a final hearing can occur. Then ask the court for your final judgment.

Residency and grounds

Residency: 6 months of Maine residency before filing, unless the couple married in Maine, the cause arose in Maine, or the defendant is a Maine resident.

Grounds: No-fault and fault. Most people still file on no-fault grounds, which is simpler and usually cheaper.

Separation: None required; irreconcilable marital differences is the standard no-fault ground.

How property is divided

Maine uses equitable distribution. Marital property and debts are divided fairly, which often lands near equal but not always. Courts weigh things like the length of the marriage, each spouse's income and earning capacity, and contributions as a homemaker. Read how property is divided.

Custody and child support

Parenting terms: Maine uses the terms parental rights and responsibilities, with primary residence or parent-child contact. Every decision is made in the child's best interests.

Parenting class: Not automatic statewide; the court may order it case by case, particularly when custody is contested.

Child support: Maine uses the income shares model, which combines both parents' incomes, estimates what parents at that income usually spend on children, and divides that amount by each parent's share of income. Try the child support calculator.

Spousal support

Maine recognizes five types of spousal support with no fixed formula; awards depend on marriage length, need, and the recipient's ability to become self-supporting.

Estimate a range with the spousal support calculator, then have a lawyer check it if the numbers are large.

Faster and simpler options

Maine does not have a separate simplified procedure, but an uncontested divorce with a signed agreement is fast and inexpensive.

Legal separation: available in Maine, for couples who want support and parenting orders without ending the marriage.

How long it takes

The minimum is set by the waiting period: 60 days from the date your spouse is served, before a final hearing can occur. A typical timeline is 4 to 8 months, with a legal minimum of 60 days from service. Agreement is what moves the date most; contested cases add months of disclosures, discovery and hearings.

Worth knowing in Maine

• Every Maine divorce, even an uncontested one, is subject to the same 60-day minimum wait after service.
• Legal separation in Maine is called 'Judicial Separation' and follows a process similar to divorce while the couple stays married.
• Cases involving children typically add an $160 mediation fee ($80 per party).

Official resources

Official forms and instructions come from Maine's courts. Sources we reviewed:

• courts.maine.gov
• courts.maine.gov

Last reviewed September 2026. Laws and fees change; confirm with your court before you file.