SIMPLIFYING YOUR DIVORCE

Which Maine Divorce Forms Will You Need?

Maine publishes standardized FM-series forms through the Judicial Branch portal, and they're the same across every county. The forms below are organized by what they accomplish — starting a case, responding to one, handling financial disclosure, addressing children, settling, and finalizing. Not every form applies to every divorce; the ones you'll encounter depend on whether your case is contested and whether minor children are involved. For guidance on your specific circumstances, consult an attorney.

Starting the Case

These are the documents typically filed to open a divorce action in Maine.

• FM-004 — Complaint for Divorce
  Initiates the divorce action and is filed by the plaintiff spouse.

• FM-038 — Family Matters Summons and Preliminary Injunction
  The official summons served on the defendant. It must be obtained directly from the clerk's office because it carries the court seal, and it cannot be downloaded. There is a $5 fee for this form.

• FM-002 — Family and Probate Matter Summary Sheet
  A cover/summary sheet filed together with the complaint.

Responding to a Divorce

If you're the spouse who received divorce papers, these forms are used to respond.

• FM-186 — Answer & Counterclaim for Divorce
  The defendant's response to the complaint, including any counterclaims the defendant wishes to raise.

• FM-020 — Entry of Appearance (Defendant)
  The defendant's notice to the court that they are appearing in the case.

Financial & Disclosure Forms

Maine cases often involve financial disclosure so the court can address property, support, and related matters.

• FM-043 — Financial Statement
  A full financial disclosure affidavit used in contested cases. It must be exchanged at least three business days before mediation.

• FM-042 — Certificate in Lieu of Financial Statement
  Filed instead of FM-043 when both parties agree no financial disclosure is needed — typically in uncontested cases with no property or support issues.

• FM-PC-003 — Family Matters and Child Protection Financial Affidavit
  An alternate financial affidavit form used in certain family and child protection matters.

Forms for Divorces With Children

When minor children are involved, additional forms address custody, support, and the children's history. Note that Maine calculates child support through a worksheet rather than a single fixed-number form.

• FM-050 — Child Support Affidavit
  An affidavit disclosing income and child-related information used to support the child support calculation.

• FM-040 — Child Support Worksheet
  Calculates the child support obligation under Maine guidelines and is required in all cases involving minor children.

• FM-040-A — Supplemental Child Support Worksheet
  A supplemental worksheet used for more complex child support calculations, such as shared parenting time adjustments.

• FM-052 — Federal Affidavit
  A UCCJEA affidavit disclosing the child's residence history and any other pending custody proceedings; required in cases with minor children.

• FM-132 — Child Support Order
  The court order that establishes the child support amount.

Settlement or Separation Agreement

Maine does not publish a numbered, court-issued marital settlement or separation agreement form. Instead, parties draft their own agreement privately and submit it to the court so it can be incorporated into the final decree. Because there's no standardized template, the contents and wording are up to the parties — which is one reason many people work with a service or an attorney to prepare this document. For advice on what an agreement should address in your situation, consult an attorney.

Finalizing Your Case

These forms relate to the final decree and obtaining an official record of it.

• FM-171 — Abstract of Divorce Decree
  An official summary, or abstract, of the final divorce decree.

• FM-243 — Request for Abstract of Divorce Decree
  The form used to request an abstract of the divorce decree after the case is finalized.

Where to Get Maine Divorce Forms

There are several ways to obtain Maine's FM-series forms. Because the court rejects outdated versions as incomplete, it's worth confirming you have the current edition before filing.

Official State Courts Site

The Maine Judicial Branch publishes the statewide FM-series forms online. You can find them at the official forms page: courts.maine.gov/forms. You can also verify current form versions through the Judicial Branch portal at mjbportal.courts.maine.gov/CourtForms/FormsLists/Index.

County Clerk or Court

Because Maine's forms are statewide rather than county-specific, the same documents apply everywhere. One form must come directly from the clerk: the FM-038 summons carries an official court seal, costs $5, and cannot be downloaded — it has to be obtained in person from a clerk's office.

Legal Aid & Self-Help Resources

Maine's courts site also lists self-help resources and, for parties with children, providers for the co-parent education program. These can help you understand the forms, though they don't replace personalized legal advice.

Online Divorce Services (Divorce.com)

Divorce.com can help you prepare your Maine divorce paperwork by guiding you through the relevant forms based on your answers, so you're not left guessing which FM-series documents apply. This can be especially helpful given that Maine has no standardized settlement agreement form and calculates child support through worksheets.

Hire an Attorney

For contested cases, complex finances, or situations where you want tailored advice, working with a Maine family law attorney is an option. An attorney can advise you on what applies to your specific situation — something no form or guide can do.

The Maine Divorce Process

Every case is different, but Maine divorces generally follow a similar sequence. Here's the typical flow.

1. Confirm Residency

Maine requires that at least one spouse meet one of four residency conditions before the court can hear the case (more on this below). Confirming you meet the rule is generally the starting point.

2. File the Complaint

The plaintiff files the FM-004 Complaint for Divorce, along with the FM-002 summary sheet and other applicable opening documents, with the appropriate court.

3. Serve the Other Spouse

The defendant is served with the FM-038 summons — the form that must be obtained from the clerk with its official seal. This officially notifies the other spouse of the action.

4. Exchange Financial Disclosures

Depending on the case, parties complete the FM-043 Financial Statement (or the FM-042 certificate when both agree disclosure isn't needed). In contested cases, the FM-043 must be exchanged at least three business days before mediation.

5. Mediation, Hearing & the Waiting Period

Maine imposes a mandatory minimum of 60 days between filing all required paperwork and the final hearing. The court may order mediation at any stage, and cases with children may be assigned to a family law magistrate. Most contested cases take significantly longer than the 60-day minimum.

6. Decree & Certified Copies

Once the court issues the divorce decree, the FM-171 Abstract of Divorce Decree summarizes it. After finalization, the FM-243 form can be used to request an abstract for your records.

Maine-Specific Requirements You Should Know

A few Maine rules shape how divorces work in the state. Understanding them can help you set expectations — for how they apply to your circumstances, consult an attorney.

Residency

Under 19-A M.R.S. § 901, at least one spouse must satisfy one of four conditions: (1) resided in Maine for six months immediately before filing; (2) is a Maine resident who was married in Maine; (3) is a Maine resident and was living in Maine when the grounds for divorce arose; or (4) the defendant currently resides in Maine. There's no county-level durational requirement beyond the state rule.

Property: Equitable Distribution

Maine is an equitable distribution state. That means marital property is divided in a way the court considers fair, which is not always an even 50/50 split. How property is characterized and divided depends on the facts of each case.

Grounds for Divorce

Maine allows a no-fault ground — irreconcilable marital differences (19-A M.R.S. § 902(1)(H)). It also recognizes fault grounds, including: adultery; impotence; extreme cruelty; utter desertion continued for three consecutive years before filing; gross and confirmed habits of intoxication from liquor or drugs; nonsupport where a spouse has sufficient ability but grossly or cruelly refuses to provide suitable maintenance; cruel and abusive treatment; and the appointment of a guardian with full powers over one party. If one spouse contests the no-fault ground, the court may order both parties into counseling — and refusal without good cause is treated as prima facie evidence that grounds exist.

Waiting Period

There is a mandatory minimum of 60 days between filing all required paperwork and the final hearing. Contested cases commonly take much longer.

Other Distinctive Features

• Maine uses two procedural tracks: cases with minor children are heard by a family law magistrate, while cases without children go before a judge.

• The court may require co-parent education — a four-hour program for parties with children, though it isn't universally required. Class providers are listed at courts.maine.gov.

• Maine does not have covenant marriage.

• There is no standardized settlement agreement form — parties draft and submit their own agreement for incorporation into the decree.

• Mediation may be ordered by the court at any stage, and associated fees are waivable for low-income parties.

Common Mistakes to Avoid

A little awareness goes a long way. Here are pitfalls people commonly run into with Maine paperwork.

Trying to Download the FM-038 Summons

The FM-038 summons can't be downloaded — it carries an official court seal and must be obtained from a clerk's office for a $5 fee. Assuming you can print it at home is a frequent source of delay.

Using Outdated Form Versions

The court returns outdated forms as incomplete. It helps to verify current versions at mjbportal.courts.maine.gov/CourtForms/FormsLists/Index before filing.

Skipping Required Child Support Worksheets

The FM-040 Child Support Worksheet is required in all cases involving minor children. Maine calculates support through this worksheet rather than a single fixed-number form, so leaving it out can stall a case with children.

Missing the Financial Disclosure Timing

In contested cases, the FM-043 Financial Statement must be exchanged at least three business days before mediation. Late exchange can disrupt the schedule.

Assuming There's a Settlement Agreement Template

Because Maine doesn't publish a numbered settlement or separation agreement form, parties have to draft their own. Expecting a fill-in-the-blank court form can catch people off guard.

How Divorce.com Can Help

Maine's statewide forms are consistent, but figuring out which ones apply to your situation — and handling the pieces that have no standardized template — can still feel overwhelming. Divorce.com is built to make that simpler by guiding you through the process step by step. It's an informational and document-preparation service, not a law firm; for advice on your specific situation, consult an attorney.

• Step-by-step guidance through the relevant Maine FM-series forms based on your answers

• Help organizing the documents that have no standardized template, like a settlement agreement

• Plain-language explanations so you understand what each form does

• A clearer, less stressful path from start to finish