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Maine Divorce Petition

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Introduction

A divorce petition, which Maine titles the Complaint for Divorce (Form FM-025), is the formal legal pleading one spouse files to open a divorce case, and filing it starts the process under 19-A M.R.S. § 901(1), which requires the plaintiff to have resided in good faith in Maine for six months before commencing the action, unless the parties were married in Maine, the plaintiff is a resident and the defendant resides in Maine, or the defendant is a Maine resident. Maine's divorce statute sets no statutory waiting or cooling-off period, so how quickly the case resolves depends on the court's schedule and whether it is contested rather than on a fixed statutory clock. Maine recognizes the no-fault ground of 'irreconcilable marital differences' under § 902(1)(H) as well as fault grounds such as adultery and desertion, and it does not require the spouses to live separate and apart before filing. The state keeps the older label, calling the case a 'divorce' between a plaintiff and a defendant, not a dissolution of marriage.

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Key Things to Know

  1. 1

    The Complaint for Divorce (Form FM-025) is the formal legal pleading a spouse files in Maine to begin a divorce case, putting every issue, from grounds to property, before the District Court as the plaintiff against the defendant.

  2. 2

    Residency: under 19-A M.R.S. § 901(1) the plaintiff must have resided in good faith in Maine for six months before commencing the action; the court also has jurisdiction if the parties were married in Maine, if the plaintiff is a resident and the defendant resides in Maine, or if the defendant is a Maine resident.

  3. 3

    Timing: Maine's divorce statute sets no statutory waiting or cooling-off period, so timing depends on the court's schedule and whether the case is contested. Maine also sets no requirement that spouses live separate and apart before filing.

  4. 4

    Grounds: Maine allows both no-fault and fault filings. The no-fault ground is 'irreconcilable marital differences' under 19-A M.R.S. § 902(1)(H); § 902 fault grounds include adultery, impotence, extreme cruelty, desertion for three consecutive years, gross and confirmed habits of intoxication, nonsupport, and cruel and abusive treatment.

  5. 5

    Property: Maine is an equitable-distribution state, not a community property state. Under 19-A M.R.S. § 953 the court divides marital property in just proportions rather than automatically splitting it 50/50.

  6. 6

    Forms and court: file the Complaint for Divorce (Form FM-025) together with the Family Matter Summons and Preliminary Injunction (Form FM-050), which places automatic restraints on both spouses once served, in the Family Division of the Maine District Court, though a plaintiff may alternatively file in Superior Court.

  7. 7

    Filing fee: $120 is due to the clerk when the Complaint for Divorce (Form FM-025) is filed, and low-income filers can ask the court to waive it.

Key decisions before you file

Before you file a Divorce Petition in Maine, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

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Filing a Divorce Petition in Maine

A Maine divorce begins when the plaintiff files a Complaint for Divorce (Form FM-025) with the District Court, Family Division, and pays the $120 filing fee. Before that filing can proceed, 19-A M.R.S. § 901(1) requires that the plaintiff resided in good faith in Maine for six months before commencing the action. The residency test is also satisfied if the parties were married in Maine, if the plaintiff is a Maine resident and the defendant resides in Maine, or if the defendant is a resident of Maine. Because that six-month residency requirement is jurisdictional, a court will dismiss a complaint filed by a plaintiff who cannot establish it, so confirm residency first. Maine keeps the older label. This case is a "divorce," never a "dissolution of marriage," and the spouses are the plaintiff and the defendant.

Grounds and Timing

Maine offers both no-fault and fault paths. Most petitioners plead the no-fault ground of "irreconcilable marital differences" under 19-A M.R.S. § 902(1)(H). Section 902 still preserves fault grounds, including adultery, impotence, extreme cruelty, desertion for three consecutive years, gross and confirmed habits of intoxication, nonsupport, and cruel and abusive treatment. The no-fault route avoids litigating spousal conduct, which is why "irreconcilable marital differences" dominates modern Maine filings. Whichever ground you plead, Maine's divorce statute sets no statutory waiting or cooling-off period; how quickly the case resolves depends on the court's schedule and whether it is contested. After the defendant is served, the matter proceeds through the Family Division of the District Court, which typically sets a case management conference and, in contested cases, further hearings before a judgment is entered. Maine imposes no requirement that the spouses live separate and apart before filing.

Serving the Defendant and Dividing Property

Alongside the complaint, the plaintiff serves the Family Matter Summons and Preliminary Injunction (Form FM-050), which triggers automatic restraints on both spouses. That preliminary injunction bars both spouses from transferring or concealing property and from disturbing the other's peace while the case is pending. When the court reaches the merits, it divides marital property under 19-A M.R.S. § 953 by equitable distribution, splitting marital assets in just proportions rather than a rigid 50/50 share. Maine is not a community property state, so "just proportions" gives the District Court discretion to weigh each spouse's contribution, economic circumstances, and any non-marital property. Assets owned before the marriage or received by gift or inheritance are generally set aside to the owning spouse before the § 953 division begins.

Where to File

The Family Division of the Maine District Court is the standard venue for a divorce petition (/legal-document/divorce-petition). A plaintiff may alternatively file in Superior Court, but the District Court handles the overwhelming majority of Maine family matters. Filing the correct forms, meeting the six-month residency rule, and staying on top of the court's scheduling are the levers that keep a Maine divorce on track.

Maine Requirements for Divorce Petition

Residency (State)

Spouses must meet the residency requirement: 19-A M.R.S. § 901(1): the plaintiff must have resided in good faith in Maine for 6 months prior to commencing the action (or the parties were married in Maine, or....

Residency (County)

Must file in the correct county District Court Family Division.

Grounds for Divorce

Must properly plead grounds: No-fault + fault. No-fault ground: 'irreconcilable marital differences' (19-A M.R.S. § 902(1)(H)). Fault grounds under § 902 include adultery, impotence, extreme cruelty, desertion for 3 consecutive years, gross and confirmed....

Waiting Period

Waiting period: Maine's divorce statute sets no statutory waiting or cooling-off period; timing depends on the court's schedule and whether the case is contested.

Required Forms

Must file correct state forms: Complaint for Divorce (Form FM-025) and Family Matter Summons and Preliminary Injunction (Form FM-050)..

Property Division

Property is divided according to: Equitable distribution (19-A M.R.S. § 953) , the court divides marital property in just proportions;... laws.

Filing Fee

Filing fee is typically $120 unless waived.

Service of Process

The Defendant must be properly served with the summons and petition.

Frequently Asked Questions

In Maine, a divorce petition is the formal court pleading that starts a divorce case, and it is titled the Complaint for Divorce (Form FM-025). The plaintiff files it against the defendant in the Family Division of the Maine District Court, pays the $120 filing fee, and serves it along with the Family Matter Summons and Preliminary Injunction (Form FM-050).

In Maine there is no separate 'dissolution of marriage' proceeding. Title 19-A of the Maine Revised Statutes uses the term 'divorce,' and the opening pleading is the Complaint for Divorce (Form FM-025), filed by a plaintiff against a defendant. Some other states call the same case a dissolution of marriage, but in Maine the divorce petition and a dissolution refer to the same thing under state law.

Under 19-A M.R.S. § 901(1), the plaintiff must have resided in good faith in Maine for six months before commencing the action. That six-month rule is excused if the parties were married in Maine, if the plaintiff is a resident and the defendant resides in Maine, or if the defendant is a Maine resident. The requirement is jurisdictional, so confirm it before you file.

Maine offers both no-fault and fault grounds. The no-fault ground is 'irreconcilable marital differences' under 19-A M.R.S. § 902(1)(H). Fault grounds under § 902 include adultery, impotence, extreme cruelty, desertion for three consecutive years, gross and confirmed habits of intoxication, nonsupport, and cruel and abusive treatment. Most petitioners plead the no-fault ground to avoid litigating spousal conduct.

It depends on the court's schedule and whether the divorce is contested. Maine's divorce statute sets no statutory waiting or cooling-off period, and there is no requirement that the spouses live separate and apart before filing. An uncontested divorce can move relatively quickly once the paperwork is complete and the defendant is served, while contested cases take longer.

File in the Family Division of the Maine District Court, which is the standard venue, though a plaintiff may alternatively file in Superior Court. Use the Complaint for Divorce (Form FM-025) together with the Family Matter Summons and Preliminary Injunction (Form FM-050). Form FM-050 places automatic restraints on both spouses, such as barring the transfer or concealment of property, once it is served.

The filing fee is $120, due to the clerk when you file the Complaint for Divorce (Form FM-025) with the District Court. Low-income filers can ask the court to waive the fee by submitting a request to proceed without payment of fees.

Maine follows equitable distribution under 19-A M.R.S. § 953, not community property. The District Court divides marital property in just proportions rather than a rigid 50/50 split, weighing each spouse's contribution and economic circumstances. Non-marital property, such as assets owned before the marriage or received by gift or inheritance, is generally set aside to the owning spouse before the division begins.