How to File for Divorce in Maine (2026)
Reviewed by DocDraft Legal Team · Maine · Last updated 2026-05-18
Divorce in Maine is governed by Maine statute, not a generic national process. The state uses equitable distribution (a fair, not automatically equal, split) for dividing assets and recognizes a divorce available without proving fault. Residency matters from the start here: A divorce action may be commenced if (A) the plaintiff has resided in good faith in Maine for 6 months prior to the commencement of the action; (B) the plaintiff is a resident of Maine and the parties were married in Maine; (C) the plaintiff is a resident of Maine and the parties resided in Maine when the cause of divorce accrued; or (D) the defendant is a resident of Maine. Below are the Maine requirements, forms, and code sections that actually apply, anchored to Me. Rev. Stat. tit. 19-A, § 902(1).
Key Considerations
When a Maine court divides what a couple owns, it applies fair-but-not-equal equitable-distribution. Equitable distribution: the court divides marital property in such proportions as the court deems just considering all relevant factors, including each spouse's contribution to acquisition, value of property set apart, and economic circumstances. Nonmarital property is set aside to the owning spouse. The controlling authority is Me. Rev. Stat. tit. 19-A, § 953.
On spousal support, Spousal support may be ordered in the form of general support (long-term), transitional support (short-term), reimbursement support, nominal support (to preserve future jurisdiction), or interim support; statute lists 17 enumerated factors. General support is presumed inappropriate for marriages of less than 10 years and may not exceed half the length of marriages between 10 and 20 years. The governing authority is Me. Rev. Stat. tit. 19-A, § 951-A.
Maine's child-support math is rule-bound. Income-shares model under the Maine Child Support Guidelines administered by the Department of Health and Human Services and the Maine Judicial Branch; both parents' combined annual gross income is applied to the Table of Basic Support Entitlements with adjustments for split or shared care arrangements (when each parent has the child at least 30% of the time) It is set out in Me. Rev. Stat. tit. 19-A, §§ 2001-2009, with the official calculator via the state agency.
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Relevant Documents
In Maine, Form FM-004 (Complaint for Divorce); accompanied by FM-002 (Family Matter Summary Sheet) and FM-038 (Family Matter Summons and Preliminary Injunction)
Child Support Worksheet
This document calculates the appropriate amount of child support based on both parents' incomes, the custody arrangement, and other factors.
Final Decree of Divorce
This is the final court order that legally ends your marriage and includes all the terms of your divorce including property division, support, and child custody arrangements.
Financial Disclosure Declaration
Both spouses must complete this document detailing all assets, debts, income, and expenses to ensure fair division of property and appropriate support amounts.
Marital Settlement Agreement
This document outlines the terms of your divorce agreement including property division, debt allocation, spousal support, and child custody arrangements if applicable.
Parenting Plan
If you have children, this document details the custody arrangement, visitation schedule, and decision-making responsibilities for the children.
Qualified Domestic Relations Order (QDRO)
This document is necessary if you need to divide retirement accounts or pension benefits between spouses as part of the divorce settlement.
Response to Petition for Dissolution
If you're the responding spouse, this document allows you to answer the claims in the petition and state your own requests regarding the divorce terms.
Summons
This document notifies your spouse that a divorce action has been filed and that they have a certain amount of time to respond.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Relevant Laws
Maine Revised Statutes Title 19-A: Domestic Relations
This is Maine's primary family law statute that governs divorce proceedings. It outlines the grounds for divorce, property division principles, spousal support guidelines, and procedural requirements. In Maine, you can file for divorce based on 'irreconcilable differences' (no-fault) or for specific fault-based grounds.
Maine Property Division Laws (19-A M.R.S. § 953)
Maine follows an 'equitable distribution' approach to dividing marital property during divorce. This means property is divided fairly but not necessarily equally. The court considers factors such as each spouse's contribution to acquiring the property, economic circumstances, and length of the marriage when determining distribution.
Maine Child Custody Laws (19-A M.R.S. § 1653)
Maine courts determine child custody based on the 'best interest of the child' standard. The law encourages parents to share parental rights and responsibilities when appropriate. Courts consider factors such as the child's relationship with each parent, stability of home environment, and each parent's ability to cooperate in child-rearing decisions.
Maine Child Support Guidelines (19-A M.R.S. § 2001-2012)
Maine uses specific guidelines to calculate child support obligations based primarily on the income of both parents and the number of children. The court may deviate from these guidelines in certain circumstances if strict application would be unjust or inappropriate.
Maine Spousal Support Laws (19-A M.R.S. § 951-A)
Maine law provides for several types of spousal support (alimony), including general, transitional, reimbursement, nominal, and interim support. The court considers factors such as length of marriage, age, income, education, and contributions to the marriage when determining support awards.
Maine Residency Requirements for Divorce (19-A M.R.S. § 901)
To file for divorce in Maine, either you or your spouse must have been a resident of the state for at least six months before filing. This residency requirement must be met for Maine courts to have jurisdiction over your divorce case.
Regional Variances
Southern Maine
Cumberland County, which includes Portland, typically has longer court processing times due to higher caseloads. Divorce cases may take 8-12 months to finalize compared to the state average of 6-8 months. The county also has more family law mediators available, which can be beneficial for resolving disputes outside of court.
York County courts often require additional financial disclosure documentation compared to other Maine counties. They also tend to schedule mandatory mediation earlier in the divorce process than other jurisdictions in the state.
Central Maine
Kennebec County, which includes Augusta, has specialized family court procedures that can expedite uncontested divorces, sometimes finalizing them in as little as 60-90 days. The county also offers free divorce mediation services for qualifying low-income residents.
Androscoggin County courts have implemented a unique case management system for divorces involving children, with mandatory parenting classes that differ from requirements in other counties. The Lewiston District Court also offers specialized services for cases involving domestic violence.
Northern Maine
Due to the rural nature of Aroostook County, there are fewer family law attorneys available, which may necessitate traveling to Presque Isle or Houlton for legal representation. The court also has more flexible scheduling to accommodate the longer travel distances for parties involved.
Penobscot County courts, particularly in Bangor, have developed specific procedures for handling divorces involving military personnel from nearby bases. They also tend to have more conservative approaches to property division compared to southern Maine jurisdictions.
Coastal Maine
Knox County has unique considerations for divorces involving seasonal businesses and vacation properties, which are common in this coastal region. The courts here have developed expertise in valuing these types of assets during property division proceedings.
Hancock County courts often deal with complex asset divisions related to fishing licenses, boats, and coastal properties. They have specialized knowledge in handling divorces where one spouse's income fluctuates seasonally due to tourism or fishing industry employment.
Suggested Compliance Checklist
Check that the residency rule is met
Before filing days after startingA divorce action may be commenced if (A) the plaintiff has resided in good faith in Maine for 6 months prior to the commencement of the action; (B) the plaintiff is a resident of Maine and the parties were married in Maine; (C) the plaintiff is a resident of Maine and the parties resided in Maine when the cause of divorce accrued; or (D) the defendant is a resident of Maine. See Me. Rev. Stat. tit. 19-A, § 901(1).
State the grounds
Before filing days after startingA divorce may be granted for one of nine grounds: (1) adultery; (2) impotence; (3) extreme cruelty; (4) utter desertion continued for 3 consecutive years next prior to filing; (5) gross and confirmed habits of intoxication from the use of liquor or drugs; (6) nonsupport when the spouse is of sufficient ability to provide; (7) cruel and abusive treatment; (8) irreconcilable marital differences; or (9) mental illness requiring confinement in a mental institution for at least 7 consecutive years prior to filing (Me. Rev. Stat. tit. 19-A, § 902(1)).
File the divorce petition
At filing days after startingForm FM-004 (Complaint for Divorce); accompanied by FM-002 (Family Matter Summary Sheet) and FM-038 (Family Matter Summons and Preliminary Injunction) Pay the filing fee, which is $120 filing fee for a Complaint for Divorce in District Court, plus a $5 Family Matter Summons fee. A fee waiver is available: Application to Proceed Without Payment of Fees / Waiver of Filing Fees granted on showing of indigence.
Handle service and disclosure
After filing days after startingAfter filing, serve the other spouse and trade the required financial disclosures so the court can rule on property and support.
Plan for the mandatory timing rule
After filing days after startingMandatory 60-day waiting period from filing before a contested divorce hearing may be held; the court may hold an uncontested final hearing earlier than 60 days when both parties have filed agreements Set by Me. Rev. Stat. tit. 19-A, § 901(2).
Finalize the decree
Final step days after startingOnce the waiting period runs and any parenting and support terms are resolved, the court enters the final judgment ending the marriage.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Check that the residency rule is met | A divorce action may be commenced if (A) the plaintiff has resided in good faith in Maine for 6 months prior to the commencement of the action; (B) the plaintiff is a resident of Maine and the parties were married in Maine; (C) the plaintiff is a resident of Maine and the parties resided in Maine when the cause of divorce accrued; or (D) the defendant is a resident of Maine. See Me. Rev. Stat. tit. 19-A, § 901(1). | - | Before filing |
| State the grounds | A divorce may be granted for one of nine grounds: (1) adultery; (2) impotence; (3) extreme cruelty; (4) utter desertion continued for 3 consecutive years next prior to filing; (5) gross and confirmed habits of intoxication from the use of liquor or drugs; (6) nonsupport when the spouse is of sufficient ability to provide; (7) cruel and abusive treatment; (8) irreconcilable marital differences; or (9) mental illness requiring confinement in a mental institution for at least 7 consecutive years prior to filing (Me. Rev. Stat. tit. 19-A, § 902(1)). | - | Before filing |
| File the divorce petition | Form FM-004 (Complaint for Divorce); accompanied by FM-002 (Family Matter Summary Sheet) and FM-038 (Family Matter Summons and Preliminary Injunction) Pay the filing fee, which is $120 filing fee for a Complaint for Divorce in District Court, plus a $5 Family Matter Summons fee. A fee waiver is available: Application to Proceed Without Payment of Fees / Waiver of Filing Fees granted on showing of indigence. | divorce-petition | At filing |
| Handle service and disclosure | After filing, serve the other spouse and trade the required financial disclosures so the court can rule on property and support. | - | After filing |
| Plan for the mandatory timing rule | Mandatory 60-day waiting period from filing before a contested divorce hearing may be held; the court may hold an uncontested final hearing earlier than 60 days when both parties have filed agreements Set by Me. Rev. Stat. tit. 19-A, § 901(2). | - | After filing |
| Finalize the decree | Once the waiting period runs and any parenting and support terms are resolved, the court enters the final judgment ending the marriage. | - | Final step |
Frequently Asked Questions
$120 filing fee for a Complaint for Divorce in District Court, plus a $5 Family Matter Summons fee Application to Proceed Without Payment of Fees / Waiver of Filing Fees granted on showing of indigence
Maine uses equitable distribution (a fair, not automatically equal, split). Equitable distribution: the court divides marital property in such proportions as the court deems just considering all relevant factors, including each spouse's contribution to acquisition, value of property set apart, and economic circumstances. Nonmarital property is set aside to the owning spouse. See Me. Rev. Stat. tit. 19-A, § 953.
A divorce may be granted for one of nine grounds: (1) adultery; (2) impotence; (3) extreme cruelty; (4) utter desertion continued for 3 consecutive years next prior to filing; (5) gross and confirmed habits of intoxication from the use of liquor or drugs; (6) nonsupport when the spouse is of sufficient ability to provide; (7) cruel and abusive treatment; (8) irreconcilable marital differences; or (9) mental illness requiring confinement in a mental institution for at least 7 consecutive years prior to filing. The governing statute is Me. Rev. Stat. tit. 19-A, § 902(1).
A divorce action may be commenced if (A) the plaintiff has resided in good faith in Maine for 6 months prior to the commencement of the action; (B) the plaintiff is a resident of Maine and the parties were married in Maine; (C) the plaintiff is a resident of Maine and the parties resided in Maine when the cause of divorce accrued; or (D) the defendant is a resident of Maine. This is set by Me. Rev. Stat. tit. 19-A, § 901(1).
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