Start your divorce online in Maine

Before filing for divorce in Maine, the spouses must ensure that they meet the residency requirements. It is a mandatory condition, so that the courts can have jurisdiction to grant a divorce.

The couples can file for divorce if:

• The plaintiff has lived in Maine for 6 months before filing;
• The spouses were married in Maine, and the plaintiff is a Maine resident;
• The plaintiff is a Maine resident, and the spouses were living in the state when the cause for divorce occurred;
• The defendant is a Maine resident.

There are several legal grounds (reasons) for divorce in Maine, both fault-based and no-fault ones. They are:

• Irreconcilable differences (if one spouse claims the irreconcilable differences and the other denies them, the court will order a counseling session);
• Adultery;
• Extreme cruelty;
• Impotence;
• Desertion for three years preceding the filing of the divorce complaint;
• Substance abuse (drugs or alcohol);
• Failure to provide maintenance to the other spouse;
• Abusive treatment;
• Incapacity of a spouse.

District and family courts handle the dissolution cases in Maine. The plaintiff must choose the proper venue and file a packet of divorce papers with the clerk’s office. If the plaintiff is a Maine resident, they may file their case with their county court. Otherwise, they must file it in the county where the defendant lives.

The initial papers to file with the court are a Complaint for Divorce and Confidential Family Matter Summary Sheet. The plaintiff must also make two copies of the original forms.

A plaintiff filing divorce papers with the court must pay the filing fee. This amount varies between the counties and is, on average, $120-$175. Other court fees may include the sheriff’s services when they deliver divorce papers to the defendant.

If the spouses can’t afford to pay the fees, they may request a fee waiver by giving the district clerk an Application to Proceed Without Payment of Fees (CV-067) and a Supporting Affidavit (CV-191).

A plaintiff must notify the defendant about the start of divorce proceedings. The first option to do this is for the defendant to sign the acknowledgment of service form. This will mean they admit that they have received the necessary documents, rather than agreeing to all issues.

Other methods of service include:

• hiring a sheriff or a private process server to hand deliver the documents;
• sending certified mail with return receipt requested;
• publicizing in a newspaper (if the defendant’s location is unknown).

Maine has a 60-day waiting period between serving the defendant with the papers and the final hearing. It includes 20 days, during which the defendant can file the response papers, and two weeks before a Case Management Conference.

However, if the parties agree on all issues and file a Certificate in Lieu of Case Management Conference, they won’t need to attend this conference. Within 60 days, the spouses will receive a scheduling notice with the time and date of the hearing.

If the parties have reached a mutual agreement on all issues, and the judge finds it fair and in the best interests of children and spouses, this agreement will become a part of the divorce decree.

But if the couple has unresolved disputes, they will either be referred to mediation before finalizing the case or need to proceed to trial.

The ex-spouses may obtain copies of the final judgment at the district clerk’s office after the decree has been signed and filed.