Maine Divorce Laws: Residency, Waiting Period, Custody and Support
Maine divorce rules: residency requirement, grounds, waiting period, filing fee, property division, alimony, custody, child support and uncontested divorce.
Quick answers for Maine
- Residency requirement
- You can file for divorce in Maine District Court if you have lived in Maine in good faith for 6 months before filing; or you are a Maine resident and you were married in Maine; 19-A M.R.S. § 901(1); Maine Judicial Branch, Divorce
- Waiting period
- There is a minimum 60-day waiting period between filing all the necessary divorce paperwork and the final hearing. Cases often take longer, especially if the spouses do not agree on all issues. Maine Judicial Branch, Divorce; A Guide to Family Separation in Maine
- Dividing property
- Maine divides marital property in proportions the court considers just (equitable distribution), after setting apart each spouse's own property. Factors include each spouse's contribution, including as a homemaker; 19-A M.R.S. § 953
- Filing fee
- The court fee to start a family matter case, including a divorce, is $120. If you cannot afford the fee, you can file an Application to Proceed Without Payment of Fees (form CV-067) with an Affidavit (CV-191); Maine Supreme Judicial Court Administrative Order JB-05-26 (A. 3-26), Court Fees Schedule, eff. March 9, 2026; A Guide to Family Separation in Maine
- When child support ends
- Child support generally ends when the child turns 18. If the child turns 18 while still attending secondary school, the order stays in force until the child graduates, withdraws or is expelled from secondary school, or turns 19, whichever comes first. 19-A M.R.S. § 1653
Last verified: 2026-10-27
Filing for divorce
| Residency requirement | You can file for divorce in Maine District Court if you have lived in Maine in good faith for 6 months before filing; or you are a Maine resident and you were married in Maine; or you are a Maine resident and lived in Maine when the cause of the divorce arose; or your spouse is a Maine resident. |
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| Grounds for divorce | Maine's no-fault ground is irreconcilable marital differences. Fault grounds also exist: adultery, impotence, extreme cruelty, utter desertion for 3 consecutive years, gross and confirmed habits of intoxication from liquor or drugs, cruel and abusive nonsupport, and cruel and abusive treatment. A divorce may also be granted when a full guardian has been appointed for one spouse. If one spouse denies that the differences are irreconcilable, the court may pause the case and order both spouses to attend counseling. Source: 19-A M.R.S. § 902 |
| Waiting period | There is a minimum 60-day waiting period between filing all the necessary divorce paperwork and the final hearing. Cases often take longer, especially if the spouses do not agree on all issues. |
| Filing fee | The court fee to start a family matter case, including a divorce, is $120. If you cannot afford the fee, you can file an Application to Proceed Without Payment of Fees (form CV-067) with an Affidavit (CV-191); if the court denies the application, you have seven days to pay. Initial court mediation in a pre-judgment family case costs $160 for two sessions. No fee is charged for a name change requested as part of a divorce. Fee waiver process from the Judicial Branch guide: https://www.courts.maine.gov/help/guides/family-separation-guide.pdf |
| Uncontested or simplified divorce | Maine does not have a separate simplified divorce procedure; agreed cases go through the regular court process. If both spouses are in full agreement on all issues at the first court date, the court may approve the agreement at an uncontested hearing. If all issues are settled in mediation, the court holds a final uncontested hearing, and the approved agreement becomes a court order. The 60-day minimum waiting period still applies. In an uncontested case, the filing spouse's testimony does not need to be backed up by other witnesses. |
| Divorce forms | The Maine Judicial Branch posts divorce forms online, and paper forms are available from any District Court clerk's office. To start a divorce, file the Complaint for Divorce (FM-004), Family and Probate Matters Summary Sheet (FM-002), Social Security Number Confidential Disclosure Form (CV-CR-FM-PC-200), a Child Support Affidavit (FM-050) if there are minor children, and Acknowledgment of Receipt of Summons and Complaint (FM-036). The Family Matters Summons and Preliminary Injunction (FM-038A) must be bought from a clerk's office (or requested by mail). The instruction sheet "Divorce – What to do with these Court Forms" (FM-080) explains completing, serving and filing; the filing fee is $120, and the Application to Proceed without Payment of Fees (CV-067) is available. |
Property and alimony
| Dividing property | Maine divides marital property in proportions the court considers just (equitable distribution), after setting apart each spouse's own property. Factors include each spouse's contribution, including as a homemaker; the value of property set apart to each spouse; each spouse's economic circumstances, including whether the parent with the children should get the family home; and economic abuse. Marital property is property acquired by either spouse during the marriage, except property received by gift or inheritance, property exchanged for pre-marriage or gifted property, property acquired after a legal separation decree, property excluded by a valid agreement, and certain increases in value of non-marital property. Property acquired during the marriage is presumed marital regardless of how title is held. Source: 19-A M.R.S. § 953 |
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| Alimony (spousal support) | Maine recognizes several types of spousal support, including general support and transitional support. For general support there are rebuttable presumptions based on the length of the marriage at filing: generally no general support if married less than 10 years; for marriages of 10 to 20 years, a term of no more than half the length of the marriage; and for marriages over 20 years, an indefinite term. A spouse married at least 10 years whose spousal support income is 65% or less of the other spouse's is presumed entitled to general support. The presumed annual amount equals the difference in the spouses' spousal support incomes multiplied by 0.015 for each year of marriage, capped at 0.3. A court may depart from these presumptions with written findings if they would be inequitable or unjust. Source: 19-A M.R.S. § 951-A |
Children: custody and support
| Child custody | Maine uses the term parental rights and responsibilities. The court applies the best interest of the child, treating the child's safety and well-being as primary. Factors include the child's age; relationships with parents and others; the child's preference, if old enough to express a meaningful one; stability of current and proposed living arrangements; each parent's ability to encourage contact with the other parent and to cooperate; domestic abuse and child abuse history; and other factors bearing on the child's well-being. If parents agree to shared parental rights and responsibilities, the court must order it unless there is substantial evidence it should not. State policy favors frequent and continuing contact with both parents unless that would not serve the child's best interest. No specific age is set for the child's preference, and the court may not prefer one parent because of gender. Source: 19-A M.R.S. § 1653(1)-(4) |
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| Emergency and temporary custody | In a divorce or parental rights case, a party can file a motion for an interim order (an order before judgment) on parental rights and responsibilities and child support, with a witness list, time estimate and draft order. Interim orders require notice to the other party. A party can also ask for an expedited hearing by showing extraordinary circumstances on the court's Request for Expedited Hearing form; no substantive relief is granted without notice and an opportunity to be heard. Separately, in a protection from abuse case, the court can issue a temporary ex parte (without the other side present) order about parental rights for minor children when there is an immediate and present danger of abuse to the plaintiff or a minor child. |
| Parenting class or mediation | When there are minor children, the court must refer the parties to mediation before a contested hearing in a divorce, separation or parental rights case, unless the court waives it for extraordinary cause. The court may also require parents to attend a co-parent education class; four-hour in-person classes are offered around the state, and providers generally charge a fee. Parent education page: https://www.courts.maine.gov/courts/family/divorce-separation/parent-education.html |
| Grandparents' rights | A grandparent may ask the court for reasonable visitation or access if there is a sufficient existing relationship with the child, or another compelling state interest justifies it. The grandparent must file an affidavit showing standing, and the court decides standing first. Visitation may be granted if it is in the child's best interest and would not significantly interfere with the parent-child relationship or the parent's authority. Factors include the child's age and relationship with the grandparent, whether a parent has died, the child's preference if old enough, stability, the ability of the parent and grandparent to cooperate, and any grandparent sex offense conviction. The court fee is the $120 family matter fee. |
Child support
| Child support | Maine uses an income shares model: the parents' annual gross incomes are added together and applied to the child support table to find the basic support entitlement; child care, health insurance and extraordinary medical costs are added, and the total is divided between the parents in proportion to their incomes. The parent without primary residential care pays their share to the other parent, and a separate calculation applies when parents provide substantially equal care. Each parent files a Child Support Affidavit (FM-050), and the figures go on a Child Support Worksheet (FM-040). The Judicial Branch pages reviewed do not link an official online calculator. Court self-help page: https://www.courts.maine.gov/courts/family/divorce-separation/child-support.html |
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| How to apply for child support | Parents who do not receive TANF can apply for full child support services from the Department of Health and Human Services, Division of Support Enforcement and Recovery (DSER), online through the DSER client portal, by downloading and mailing the paper application, by email, or by phone at (207) 624-4100. Families receiving TANF get services automatically. There is no application fee stated, but federal law requires a $35 annual fee in cases where the state has paid out at least $550 in support to a person who has never received TANF cash assistance. Online portal: https://gateway.maine.gov/DHHS/m-cportal/. Guide: https://www1.maine.gov/dhhs/sites/maine.gov.dhhs/files/inline-files/Guide_to_DSER_Services.pdf |
| When child support ends | Child support generally ends when the child turns 18. If the child turns 18 while still attending secondary school, the order stays in force until the child graduates, withdraws or is expelled from secondary school, or turns 19, whichever comes first. Source: 19-A M.R.S. § 1653 |
| Changing a child support order | Any party, including DHHS, can file a motion to modify support. If the current order differs by more than 15% from the guideline amount, that is treated as a substantial change in circumstances. If the order is 3 years old or older, it can be reviewed without proving a change in circumstances and will be modified if it differs from the guideline amount. A change can apply back only to the date the other party was served with the motion. DSER will also review orders on request through its Case Review Unit, though DSER says this can take months. |
| If child support isn't paid | Almost all support orders include immediate income withholding. After serving a Notice of Debt, DSER can collect past-due support by filing liens on personal and real property, collecting from bank accounts, reporting debts over $1,000 to credit bureaus, taking settlements and other lump sums, taking gambling and lottery winnings, revoking or denying passports, taking state (and, in interstate cases, federal) income tax refunds, attaching wages or unemployment benefits, and ordering the parent to appear and disclose finances under oath. DSER may start license revocation (driver's, professional, hunting and fishing licenses) when no support has been paid for 60 days; a payment agreement can prevent it. These tools are used only in full-service cases. |
| State child support agency | Maine's child support agency is the Department of Health and Human Services' Division of Support Enforcement and Recovery (DSER), part of the Office for Family Independence. DSER establishes paternity, collects current and past-due support, sets up income withholding, and enforces support through liens, license or passport actions, bank or lottery collection and credit bureau reporting. Families receiving TANF or other qualifying benefits receive services automatically; others may apply without any other involvement with the Department. A $35 annual federal fee applies to never-TANF cases once at least $550 is disbursed in a year. DSER voice response system: (800) 371-7179 or (207) 624-7830; to speak with a representative: (207) 624-4100. |
| Official child support calculator | Maine child support is figured on the Maine Judicial Branch Child Support Worksheet (form FM-040, Rev. 02/20) under 19-A M.R.S. 2001-2012, with a supplemental worksheet when parents provide substantially equal care. The worksheet starts from each parent's gross income, subtracts certain pre-existing support obligations, and applies the Maine Child Support Table, the self-support reserve and the poverty-level adjustment. Court forms search: https://mjbportal.courts.maine.gov/CourtForms/FormsLists/Index |
Separation, annulment, records and marriage
| Legal separation | Yes. The District Court can enter a judicial separation decree on the petition of a married person, or a joint petition of both spouses, who live apart or want to live apart for more than 60 continuous days. The court must order mediation and may decide parental rights, child support, spousal support and property division in the separation case. Source: 19-A M.R.S. § 851 |
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| Annulment | When the validity of a marriage is doubted, either spouse may file a complaint for annulment, and the court annuls or affirms the marriage based on the evidence. Marriages that are void in Maine include marriages between close relatives, a marriage where either party already had a living spouse, a marriage where a party failed to submit proof that a prior marriage ended or lied about the number of prior marriages, and marriages entered out of state to evade Maine's prohibitions. A person under full guardianship may not marry without the guardian's approval. The court may also decide parental rights and change a spouse's name in an annulment. Prohibited marriages: https://legislature.maine.gov/statutes/19-A/title19-Asec701.html Source: 19-A M.R.S. §§ 701, 752 |
| Changing your name after divorce | When granting a divorce, the court must change a spouse's name to a former name if that spouse asks, and may change it to any other name requested. No court fee is charged for a name change requested as part of a divorce. |
| Divorce records | Maine's Data, Research, and Vital Statistics office (DRVS) keeps divorce records from 1892 to the present and issues certified copies on request. A search with one certified copy costs $15, and each additional copy ordered at the same time costs $6; ordering through VitalChek adds a processing charge. Applicants must show identification and state their connection to the record; people not named on the record must show a direct and legitimate interest. Records before 1892 may be available from the town or the Maine State Archives. |
Marriage and name changes
| Getting a marriage license | Couples first record a notice of intentions to marry. Maine residents file with the clerk of the municipality where at least one of them lives or with the State Registrar of Vital Statistics; if only one is a resident, they file where that person lives or with the State Registrar. The application includes a signed certification that the information is correct and that each applicant is free to marry, and the clerk must be satisfied as to the applicants' identity. Anyone previously married must bring a certified copy of the divorce or annulment decree or the death record ending the last marriage. The clerk then issues the license, which is void if not used within 90 days after the intentions were filed. The statewide fee for recording intentions and issuing the license is $40. Fee statute: https://legislature.maine.gov/statutes/30-A/title30-Asec2652.html. |
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| Minimum marriage age | The clerk or State Registrar may not issue a marriage license to anyone under 18. The earlier provisions allowing marriage of 16- and 17-year-olds with consent have been repealed, so there is no parental-consent or court-approval exception in the current statute. Source: 19-A M.R.S. § 652(7)-(8) |
| Legal name change | An adult petitions the Probate Court in the county where he or she lives. The court may not require public notice (publication) before approving an adult's name change. The filing fee is $75. The court must require a criminal history record check and may require motor vehicle or credit checks. The court may make the order confidential in some circumstances, such as abuse, and may not change a name if it believes the purpose is fraud or otherwise contrary to the public interest. Source: 18-C M.R.S. § 1-701 |
Adoption, guardianship and paternity
| Adoption requirements | Married spouses jointly, unmarried persons jointly, or an unmarried person, whether or not a Maine resident, may petition the Probate Court to adopt. The filing fee is $65 plus the state and FBI criminal history check fees for each prospective parent who is not already a parent of the child. Written consent is required from the adoptee if 12 or older, each living parent (unless rights were terminated or surrendered, among other exceptions), and any person or agency with legal custody. For a minor, the court orders a background check and a study and report by the Department of Health and Human Services or a licensed agency (due within 60 days), and it may require the child to live in the home for one year before the adoption is granted. |
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| Stepparent adoption | Maine has no separate stepparent procedure, but the court may waive the home study and report when the petitioner is a relative of the child or the spouse or domestic partner of the child's parent. Background checks are required only for a prospective adoptive parent who is not already the child's parent. Consent of each living parent is still required unless an exception applies (for example, parental rights were terminated or the parent signed a surrender and release), and a child 12 or older must consent. Source: 18-C M.R.S. §§ 9-302, 9-304(1) |
| Guardianship of a child | A minor, or anyone interested in the minor's welfare, may petition the Probate Court to appoint a guardian. The court may appoint a suitable guardian if it is in the child's best interest and the parents consent, all parental rights have been terminated, or the court finds by clear and convincing evidence that the parents are unwilling or unable to exercise their parental rights. A guardian named by a parent has priority. Emergency guardianship (up to 90 days) is available to prevent substantial harm, with a hearing within 7 to 14 days. The court must also address child support. Source: 18-C M.R.S. § 5-204 |
| Guardianship of an adult | After notice and a hearing, the court may appoint a guardian for an adult only if it finds by clear and convincing evidence that the person cannot meet essential requirements for physical health, safety or self-care because the person cannot receive and evaluate information or make or communicate decisions, even with supportive services, technology or supported decision-making, and the needs cannot be met by a protective arrangement or other less restrictive alternative. The court grants only the powers needed and may not order a full guardianship if a limited guardianship, protective arrangement or other less restrictive option would work. Supported decision-making arrangements are expressly considered. Source: 18-C M.R.S. § 5-301 |
| Establishing paternity | The woman who gave birth and an alleged genetic parent, presumed parent or intended parent may sign an acknowledgment of parentage after the birth and file it with the State Registrar of Vital Statistics; it takes effect on the later of the birth or the filing. A signer may rescind by starting a court proceeding before the earlier of 60 days after the acknowledgment takes effect or the first hearing in a court case about the child to which the signer is a party. After that, a signer may challenge it only for fraud, duress, coercion, threat of harm or material mistake of fact, and within 2 years after filing. Original parentage cases are filed in District Court, without a jury, and the Maine Parentage Act provides for genetic testing. |
| Emancipation of a minor | A juvenile 16 or older who refuses to live in the home provided by a parent, guardian or custodian may ask the District Court to appoint a lawyer to petition for emancipation. The court holds a hearing after notice to the parents, and it may refer the parties to mediation. The court orders emancipation if the juvenile has made reasonable provision for room, board, health care and education, vocational training or employment, and is mature enough to take responsibility for his or her own care, and emancipation is in the juvenile's best interest. If not, the court denies the petition. Source: 15 M.R.S. § 3506-A |
Where to get help in Maine
Divorce & Family Law FAQ
How long do you have to live in Maine to file for divorce?
You can file for divorce in Maine District Court if you have lived in Maine in good faith for 6 months before filing; or you are a Maine resident and you were married in Maine; or you are a Maine resident and lived in Maine when the cause of the divorce arose; or your spouse is a Maine resident.
Is Maine a no-fault divorce state?
Maine's no-fault ground is irreconcilable marital differences. Fault grounds also exist: adultery, impotence, extreme cruelty, utter desertion for 3 consecutive years, gross and confirmed habits of intoxication from liquor or drugs, cruel and abusive nonsupport, and cruel and abusive treatment. A divorce may also be granted when a full guardian has been appointed for one spouse. If one spouse denies that the differences are irreconcilable, the court may pause the case and order both spouses to attend counseling.
Is there a waiting period for divorce in Maine?
There is a minimum 60-day waiting period between filing all the necessary divorce paperwork and the final hearing. Cases often take longer, especially if the spouses do not agree on all issues.
How much does it cost to file for divorce in Maine?
The court fee to start a family matter case, including a divorce, is $120. If you cannot afford the fee, you can file an Application to Proceed Without Payment of Fees (form CV-067) with an Affidavit (CV-191); if the court denies the application, you have seven days to pay. Initial court mediation in a pre-judgment family case costs $160 for two sessions. No fee is charged for a name change requested as part of a divorce.
How do you get an uncontested divorce in Maine?
Maine does not have a separate simplified divorce procedure; agreed cases go through the regular court process. If both spouses are in full agreement on all issues at the first court date, the court may approve the agreement at an uncontested hearing. If all issues are settled in mediation, the court holds a final uncontested hearing, and the approved agreement becomes a court order. The 60-day minimum waiting period still applies. In an uncontested case, the filing spouse's testimony does not need to be backed up by other witnesses.
Is Maine a community property state?
Maine divides marital property in proportions the court considers just (equitable distribution), after setting apart each spouse's own property. Factors include each spouse's contribution, including as a homemaker; the value of property set apart to each spouse; each spouse's economic circumstances, including whether the parent with the children should get the family home; and economic abuse. Marital property is property acquired by either spouse during the marriage, except property received by gift or inheritance, property exchanged for pre-marriage or gifted property, property acquired after a legal separation decree, property excluded by a valid agreement, and certain increases in value of non-marital property. Property acquired during the marriage is presumed marital regardless of how title is held.
How is alimony decided in Maine?
Maine recognizes several types of spousal support, including general support and transitional support. For general support there are rebuttable presumptions based on the length of the marriage at filing: generally no general support if married less than 10 years; for marriages of 10 to 20 years, a term of no more than half the length of the marriage; and for marriages over 20 years, an indefinite term. A spouse married at least 10 years whose spousal support income is 65% or less of the other spouse's is presumed entitled to general support. The presumed annual amount equals the difference in the spouses' spousal support incomes multiplied by 0.015 for each year of marriage, capped at 0.3. A court may depart from these presumptions with written findings if they would be inequitable or unjust.
How is child custody decided in Maine?
Maine uses the term parental rights and responsibilities. The court applies the best interest of the child, treating the child's safety and well-being as primary. Factors include the child's age; relationships with parents and others; the child's preference, if old enough to express a meaningful one; stability of current and proposed living arrangements; each parent's ability to encourage contact with the other parent and to cooperate; domestic abuse and child abuse history; and other factors bearing on the child's well-being. If parents agree to shared parental rights and responsibilities, the court must order it unless there is substantial evidence it should not. State policy favors frequent and continuing contact with both parents unless that would not serve the child's best interest. No specific age is set for the child's preference, and the court may not prefer one parent because of gender.
How is child support calculated in Maine?
Maine uses an income shares model: the parents' annual gross incomes are added together and applied to the child support table to find the basic support entitlement; child care, health insurance and extraordinary medical costs are added, and the total is divided between the parents in proportion to their incomes. The parent without primary residential care pays their share to the other parent, and a separate calculation applies when parents provide substantially equal care. Each parent files a Child Support Affidavit (FM-050), and the figures go on a Child Support Worksheet (FM-040). The Judicial Branch pages reviewed do not link an official online calculator.
Do you have to take a parenting class to divorce in Maine?
When there are minor children, the court must refer the parties to mediation before a contested hearing in a divorce, separation or parental rights case, unless the court waives it for extraordinary cause. The court may also require parents to attend a co-parent education class; four-hour in-person classes are offered around the state, and providers generally charge a fee.
Can you get a legal separation in Maine?
Yes. The District Court can enter a judicial separation decree on the petition of a married person, or a joint petition of both spouses, who live apart or want to live apart for more than 60 continuous days. The court must order mediation and may decide parental rights, child support, spousal support and property division in the separation case.
What are the grounds for annulment in Maine?
When the validity of a marriage is doubted, either spouse may file a complaint for annulment, and the court annuls or affirms the marriage based on the evidence. Marriages that are void in Maine include marriages between close relatives, a marriage where either party already had a living spouse, a marriage where a party failed to submit proof that a prior marriage ended or lied about the number of prior marriages, and marriages entered out of state to evade Maine's prohibitions. A person under full guardianship may not marry without the guardian's approval. The court may also decide parental rights and change a spouse's name in an annulment.
Do grandparents have visitation rights in Maine?
A grandparent may ask the court for reasonable visitation or access if there is a sufficient existing relationship with the child, or another compelling state interest justifies it. The grandparent must file an affidavit showing standing, and the court decides standing first. Visitation may be granted if it is in the child's best interest and would not significantly interfere with the parent-child relationship or the parent's authority. Factors include the child's age and relationship with the grandparent, whether a parent has died, the child's preference if old enough, stability, the ability of the parent and grandparent to cooperate, and any grandparent sex offense conviction. The court fee is the $120 family matter fee.
How do you change your name back after a divorce in Maine?
When granting a divorce, the court must change a spouse's name to a former name if that spouse asks, and may change it to any other name requested. No court fee is charged for a name change requested as part of a divorce.
At what age does child support end in Maine?
Child support generally ends when the child turns 18. If the child turns 18 while still attending secondary school, the order stays in force until the child graduates, withdraws or is expelled from secondary school, or turns 19, whichever comes first.
How do I file for child support in Maine?
Parents who do not receive TANF can apply for full child support services from the Department of Health and Human Services, Division of Support Enforcement and Recovery (DSER), online through the DSER client portal, by downloading and mailing the paper application, by email, or by phone at (207) 624-4100. Families receiving TANF get services automatically. There is no application fee stated, but federal law requires a $35 annual fee in cases where the state has paid out at least $550 in support to a person who has never received TANF cash assistance.
What happens if you don't pay child support in Maine?
Almost all support orders include immediate income withholding. After serving a Notice of Debt, DSER can collect past-due support by filing liens on personal and real property, collecting from bank accounts, reporting debts over $1,000 to credit bureaus, taking settlements and other lump sums, taking gambling and lottery winnings, revoking or denying passports, taking state (and, in interstate cases, federal) income tax refunds, attaching wages or unemployment benefits, and ordering the parent to appear and disclose finances under oath. DSER may start license revocation (driver's, professional, hunting and fishing licenses) when no support has been paid for 60 days; a payment agreement can prevent it. These tools are used only in full-service cases.
How do you modify child support in Maine?
Any party, including DHHS, can file a motion to modify support. If the current order differs by more than 15% from the guideline amount, that is treated as a substantial change in circumstances. If the order is 3 years old or older, it can be reviewed without proving a change in circumstances and will be modified if it differs from the guideline amount. A change can apply back only to the date the other party was served with the motion. DSER will also review orders on request through its Case Review Unit, though DSER says this can take months.
How do you get emergency custody in Maine?
In a divorce or parental rights case, a party can file a motion for an interim order (an order before judgment) on parental rights and responsibilities and child support, with a witness list, time estimate and draft order. Interim orders require notice to the other party. A party can also ask for an expedited hearing by showing extraordinary circumstances on the court's Request for Expedited Hearing form; no substantive relief is granted without notice and an opportunity to be heard. Separately, in a protection from abuse case, the court can issue a temporary ex parte (without the other side present) order about parental rights for minor children when there is an immediate and present danger of abuse to the plaintiff or a minor child.
Are divorce records public in Maine, and how do I get a copy?
Maine's Data, Research, and Vital Statistics office (DRVS) keeps divorce records from 1892 to the present and issues certified copies on request. A search with one certified copy costs $15, and each additional copy ordered at the same time costs $6; ordering through VitalChek adds a processing charge. Applicants must show identification and state their connection to the record; people not named on the record must show a direct and legitimate interest. Records before 1892 may be available from the town or the Maine State Archives.
How do you get a marriage license in Maine?
Couples first record a notice of intentions to marry. Maine residents file with the clerk of the municipality where at least one of them lives or with the State Registrar of Vital Statistics; if only one is a resident, they file where that person lives or with the State Registrar. The application includes a signed certification that the information is correct and that each applicant is free to marry, and the clerk must be satisfied as to the applicants' identity. Anyone previously married must bring a certified copy of the divorce or annulment decree or the death record ending the last marriage. The clerk then issues the license, which is void if not used within 90 days after the intentions were filed. The statewide fee for recording intentions and issuing the license is $40.
What is the legal age to get married in Maine?
The clerk or State Registrar may not issue a marriage license to anyone under 18. The earlier provisions allowing marriage of 16- and 17-year-olds with consent have been repealed, so there is no parental-consent or court-approval exception in the current statute.
What are the requirements to adopt a child in Maine?
Married spouses jointly, unmarried persons jointly, or an unmarried person, whether or not a Maine resident, may petition the Probate Court to adopt. The filing fee is $65 plus the state and FBI criminal history check fees for each prospective parent who is not already a parent of the child. Written consent is required from the adoptee if 12 or older, each living parent (unless rights were terminated or surrendered, among other exceptions), and any person or agency with legal custody. For a minor, the court orders a background check and a study and report by the Department of Health and Human Services or a licensed agency (due within 60 days), and it may require the child to live in the home for one year before the adoption is granted.
How does stepparent adoption work in Maine?
Maine has no separate stepparent procedure, but the court may waive the home study and report when the petitioner is a relative of the child or the spouse or domestic partner of the child's parent. Background checks are required only for a prospective adoptive parent who is not already the child's parent. Consent of each living parent is still required unless an exception applies (for example, parental rights were terminated or the parent signed a surrender and release), and a child 12 or older must consent.
How do you get guardianship of a child in Maine?
A minor, or anyone interested in the minor's welfare, may petition the Probate Court to appoint a guardian. The court may appoint a suitable guardian if it is in the child's best interest and the parents consent, all parental rights have been terminated, or the court finds by clear and convincing evidence that the parents are unwilling or unable to exercise their parental rights. A guardian named by a parent has priority. Emergency guardianship (up to 90 days) is available to prevent substantial harm, with a hearing within 7 to 14 days. The court must also address child support.
How do you get guardianship of an adult in Maine?
After notice and a hearing, the court may appoint a guardian for an adult only if it finds by clear and convincing evidence that the person cannot meet essential requirements for physical health, safety or self-care because the person cannot receive and evaluate information or make or communicate decisions, even with supportive services, technology or supported decision-making, and the needs cannot be met by a protective arrangement or other less restrictive alternative. The court grants only the powers needed and may not order a full guardianship if a limited guardianship, protective arrangement or other less restrictive option would work. Supported decision-making arrangements are expressly considered.
How do you establish paternity in Maine?
The woman who gave birth and an alleged genetic parent, presumed parent or intended parent may sign an acknowledgment of parentage after the birth and file it with the State Registrar of Vital Statistics; it takes effect on the later of the birth or the filing. A signer may rescind by starting a court proceeding before the earlier of 60 days after the acknowledgment takes effect or the first hearing in a court case about the child to which the signer is a party. After that, a signer may challenge it only for fraud, duress, coercion, threat of harm or material mistake of fact, and within 2 years after filing. Original parentage cases are filed in District Court, without a jury, and the Maine Parentage Act provides for genetic testing.
How do you legally change your name in Maine?
An adult petitions the Probate Court in the county where he or she lives. The court may not require public notice (publication) before approving an adult's name change. The filing fee is $75. The court must require a criminal history record check and may require motor vehicle or credit checks. The court may make the order confidential in some circumstances, such as abuse, and may not change a name if it believes the purpose is fraud or otherwise contrary to the public interest.
How does a minor get emancipated in Maine?
A juvenile 16 or older who refuses to live in the home provided by a parent, guardian or custodian may ask the District Court to appoint a lawyer to petition for emancipation. The court holds a hearing after notice to the parents, and it may refer the parties to mediation. The court orders emancipation if the juvenile has made reasonable provision for room, board, health care and education, vocational training or employment, and is mature enough to take responsibility for his or her own care, and emancipation is in the juvenile's best interest. If not, the court denies the petition.
Where can I get divorce papers and forms in Maine?
The Maine Judicial Branch posts divorce forms online, and paper forms are available from any District Court clerk's office. To start a divorce, file the Complaint for Divorce (FM-004), Family and Probate Matters Summary Sheet (FM-002), Social Security Number Confidential Disclosure Form (CV-CR-FM-PC-200), a Child Support Affidavit (FM-050) if there are minor children, and Acknowledgment of Receipt of Summons and Complaint (FM-036). The Family Matters Summons and Preliminary Injunction (FM-038A) must be bought from a clerk's office (or requested by mail). The instruction sheet "Divorce – What to do with these Court Forms" (FM-080) explains completing, serving and filing; the filing fee is $120, and the Application to Proceed without Payment of Fees (CV-067) is available.
Who handles child support in Maine, and how do I contact them?
Maine's child support agency is the Department of Health and Human Services' Division of Support Enforcement and Recovery (DSER), part of the Office for Family Independence. DSER establishes paternity, collects current and past-due support, sets up income withholding, and enforces support through liens, license or passport actions, bank or lottery collection and credit bureau reporting. Families receiving TANF or other qualifying benefits receive services automatically; others may apply without any other involvement with the Department. A $35 annual federal fee applies to never-TANF cases once at least $550 is disbursed in a year. DSER voice response system: (800) 371-7179 or (207) 624-7830; to speak with a representative: (207) 624-4100.
Is there an official child support calculator in Maine?
Maine child support is figured on the Maine Judicial Branch Child Support Worksheet (form FM-040, Rev. 02/20) under 19-A M.R.S. 2001-2012, with a supplemental worksheet when parents provide substantially equal care. The worksheet starts from each parent's gross income, subtracts certain pre-existing support obligations, and applies the Maine Child Support Table, the self-support reserve and the poverty-level adjustment.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.