Divorce in Maine

Overview of Maine Divorce Law

Maine divorce law is governed by 19-A MRSA Chapter 29, which provides an exclusively no-fault framework for dissolution of marriage. The sole ground for divorce in Maine is “irreconcilable marital differences.” This means that neither spouse must prove wrongdoing by the other to obtain a divorce. Maine eliminated fault-based grounds, reflecting a modern approach that focuses on resolving the practical consequences of divorce rather than assigning blame.

Maine’s District Courts handle divorce cases, and the state emphasizes mediation as a tool for resolving disputes. In contested cases involving minor children, mediation is mandatory before the case may proceed to trial.

Residency Requirements

To file for divorce in Maine, at least one spouse must have been a resident of Maine for six months before filing. Alternatively, if the marriage was performed in Maine and one spouse has resided in the state continuously since the marriage, the six-month requirement may be satisfied. The divorce is filed in the District Court of the division where either spouse resides.

Grounds for Divorce

Maine recognizes only one ground for divorce:

• Irreconcilable marital differences (no-fault)

There are no fault-based grounds available. This simplifies the filing process and removes marital misconduct as a factor in determining whether the divorce will be granted. However, certain forms of misconduct may still be relevant to property division or spousal support determinations.

For a broader overview of the divorce process, see our complete guide to divorce.

Filing Fees and Costs

The filing fee for a divorce in Maine is approximately $120. Fee waivers are available for individuals who cannot afford the fee by filing an Application to Proceed Without Payment of Fees. Additional costs may include service of process, mediation fees, and attorney fees.

Waiting Period

Maine does not impose a mandatory waiting period between filing and finalization of a divorce. Once all issues are resolved and the court approves the agreement or renders its decision, the divorce may be finalized without a prescribed delay. However, the court’s schedule and the complexity of the case will affect the overall timeline.

Property Division: Equitable Distribution

Maine follows the equitable distribution model under 19-A MRSA Section 953. The court divides marital property in a manner that is just and equitable, though not necessarily equal. Marital property generally includes assets and debts acquired during the marriage, while property acquired before the marriage, by gift, or by inheritance is typically considered non-marital.

Factors the court considers include:

• Each spouse’s contribution to the acquisition of marital property, including homemaking contributions
• The value of each spouse’s separate property
• The economic circumstances of each spouse at the time of division
• The desirability of awarding the family home to the spouse with primary residential responsibility for the children
• Any other factors the court considers just and proper

Maine courts have broad discretion in dividing property, and outcomes depend heavily on the specific facts of each case.

Spousal Support

Spousal support in Maine is governed by 19-A MRSA Section 951-A, which recognizes several types of support: general support, transitional support, reimbursement support, nominal support, and interim support. The court considers a comprehensive set of factors when determining whether to award support and, if so, the amount and duration.

Key factors include the length of the marriage, each party’s income and earning capacity, age and health, contributions as homemaker, and the standard of living during the marriage. General support is designed to address ongoing economic disparity, while transitional support helps a spouse establish financial independence. Reimbursement support compensates a spouse who contributed to the other’s education or career development.

The Maine Divorce Process

1. Filing — One spouse files a Complaint for Divorce with the District Court, or both spouses may file jointly.
2. Service — The complaint must be served on the other spouse.
3. Case Management Conference — The court schedules a conference to identify issues and set a timeline for the case.
4. Mediation — If the case involves minor children and is contested, the court requires mediation before proceeding to hearing.
5. Discovery — Both parties exchange financial information and relevant documents.
6. Settlement or Trial — The parties may reach a settlement at any point. If issues remain contested, the court holds a trial.
7. Final Judgment — The court enters a Judgment of Divorce.

When to Consult an Attorney

Maine’s no-fault system streamlines the process of obtaining a divorce, but the equitable distribution of property and the multiple types of spousal support require careful analysis of your financial circumstances. If your case involves significant assets, complex financial holdings, or disagreements about spousal support, consulting with a Maine family law attorney is advisable. You can request a free consultation to discuss your options.