How to File for Divorce in Maine

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.

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.

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.

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.

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.