Maine Divorce Guide
Everything you need to know about filing for divorce in Maine — residency requirements, costs, forms, timelines, and how to file without a lawyer. Updated for 2026.
Maine Divorce at a Glance
| Residency Requirement | 6 months in state |
| Waiting Period | 60 days — Under 19-A MRSA 905, the court may not enter a divorce decree until at least 60 days after the filing of the complaint. This mandatory cooling-off period applies to all divorce cases. In uncontested cases, the final hearing can be scheduled after the 60-day period. |
| Filing Fee | $120(fee waiver available) |
| No-Fault Grounds | Irreconcilable Marital Differences |
| Fault Grounds | Adultery, Impotence, Extreme Cruelty, Desertion for Three Consecutive Years, Alcohol or Drug Abuse, Nonsupport (Cruel and Abusive Treatment), Mental Illness Requiring Institutional Confinement |
| Property Division | Equitable Distribution |
| E-Filing | Available — Maine uses the eFileMaine system through the Maine eCourts initiative. E-filing is being rolled out statewide, with availability in Augusta, Waterville, and Skowhegan as of early 2026 for all case types including family matters. Access the system at https://www.courts.maine.gov/ecourts/. |
| Response Window | 21 days — Under Maine Rules of Civil Procedure Rule 12(a), the defendant has 21 days after service of the summons and complaint to file an answer or counterclaim. If no answer is filed, the plaintiff may seek a default judgment. |
Grounds for Divorce in Maine
Irreconcilable marital differences
No-Fault Grounds
- Irreconcilable Marital Differences — Under 19-A MRSA 902(1)(a), the court may grant a divorce on the ground of irreconcilable marital differences. If one party alleges this ground and the other denies it, the court may continue the case and require both parties to receive counseling.
Fault-Based Grounds
- Adultery — Under 19-A MRSA 902(1)(b), the court may grant a divorce on the ground of adultery.
- Impotence — Under 19-A MRSA 902(1)(c), the court may grant a divorce on the ground of impotence.
- Extreme Cruelty — Under 19-A MRSA 902(1)(d), the court may grant a divorce on the ground of extreme cruelty.
- Desertion for Three Consecutive Years — Under 19-A MRSA 902(1)(e), the court may grant a divorce when one spouse has utterly deserted the other for three consecutive years prior to the commencement of the action.
- Alcohol or Drug Abuse — Under 19-A MRSA 902(1)(f), the court may grant a divorce on the ground of gross and confirmed habits of intoxication from use of alcohol or drugs.
- Nonsupport (Cruel and Abusive Treatment) — Under 19-A MRSA 902(1)(g), the court may grant a divorce when one spouse, being of sufficient ability or being able to labor and provide for the other spouse, has grossly, wantonly, or cruelly refused or neglected to provide suitable maintenance.
- Mental Illness Requiring Institutional Confinement — Under 19-A MRSA 902(1)(h), the court may grant a divorce when a spouse has been confined in a mental institution for at least seven consecutive years prior to filing.
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How to File for Divorce in Maine
Meet Residency Requirements
You must have lived in Maine for at least 6 months before filing. Under 19-A MRSA 901, a divorce may be granted if: (1) the plaintiff has resided in good faith in Maine for six months prior to filing; (2) the plaintiff is a resident and the parties were married in Maine; (3) the plaintiff is a resident and the parties resided in Maine when the cause of divorce accrued; or (4) the defendant is a resident of Maine. Military members stationed in Maine are deemed residents of the county where the installation is located.
Complete Your Forms
Maine requires 3 mandatory forms to initiate a divorce. See the full forms list.
File with the Court
File your petition and pay the $120 filing fee. E-filing is available in some counties.
Serve Your Spouse
Accepted service methods: Personal Service by Sheriff or Constable, Service by Certified Mail (Restricted Delivery), Acceptance of Service, Service by Publication. Maine divorces are filed in the District Court (Family Division). Service must be completed before the 60-day waiting period begins. The court may also permit alternative methods of service upon motion and showing of good cause.
Wait for Response & Finalize
Your spouse has 21 days to respond. After the 60-day waiting period, the court can issue your final decree.
Special Rules in Maine
District Court Jurisdiction
Unlike most states that use circuit or superior courts, Maine uses the District Court (Family Division) for all divorce filings. The case is filed in the county where either spouse resides.
Mediation Required in Contested Custody Cases
Under 19-A MRSA 251, mediation is required in contested cases involving parental rights and responsibilities (custody). The court appoints a mediator unless domestic violence is an issue, in which case mediation may be waived.
Spousal Support Duration Presumptions
Under 19-A MRSA 951-A, there is a rebuttable presumption that general spousal support may not be awarded for marriages lasting less than 10 years. For marriages of 10-20 years, support may not exceed one-half the length of the marriage.
Economic Abuse Considered in Property Division
Under 19-A MRSA 953, economic abuse by a spouse is an explicit factor in property division, including behaviors that restrict the other spouse's access to economic resources.
Mandatory Requirements
Parenting Course Required
The court may order parents in divorce cases involving minor children to attend a court-approved parent education program (typically a four-hour course). While not universally mandatory statewide, most judicial districts require it.
Mediation Required
Under 19-A MRSA 251, mediation is required in all contested cases involving parental rights and responsibilities (custody and visitation). A court-appointed mediator facilitates negotiations. Mediation may be waived if domestic violence is an issue.
Financial Disclosure
Both parties must exchange financial disclosures within 30 days of filing.
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