How to File for Divorce in Maine

Filing for divorce in Maine means navigating the District Court system — and the process looks different depending on whether you have minor children. Maine doesn't offer a joint petition option, so one spouse files as the plaintiff and formally serves the other. Here's how the process works from start to finish.

Confirm You Meet Maine's Residency Requirements

Before you file anything, you need to establish that a Maine court has jurisdiction over your divorce. Under Title 19-A, Section 901, you qualify if at least one of these is true:

• You've lived in Maine in good faith for at least six continuous months before filing
• You're a current Maine resident and you were married in Maine
• You're a current Maine resident and both spouses were living in Maine when the legal cause for divorce arose
• Your spouse is a current Maine resident (even if you aren't)

Military members stationed in Maine qualify as residents of the county where their installation is located.

You'll file in the District Court serving the county where either you or your spouse lives. If you moved away from the county where you last lived together and your spouse still lives there, you file in that county — not your new one.

Gather Your Forms and Buy the Summons

Maine provides most divorce forms as free downloads from the Judicial Branch website (courts.maine.gov/forms). You'll need:

• FM-002 — Family and Probate Matter Summary Sheet
• FM-004 (with minor children) or FM-005 (without children) — Complaint for Divorce
• CV-CR-FM-PC-200 — Social Security Number Confidential Disclosure Form
• FM-050 — Child Support Affidavit (required when children are involved)

One form you can't download: the Family Matter Summons and Preliminary Injunction (FM-038). It requires the clerk's original signature and raised court seal, so you must buy it from the clerk's office for $5 in person or $10 by mail. This summons also triggers Maine's automatic preliminary injunction. Once served, the injunction restricts both spouses from selling or otherwise disposing of marital property or changing certain insurance policies unless they agree in writing or the court orders otherwise.

The complaint must be signed and sworn before a notary public, licensed attorney, or court clerk.

Serve Your Spouse

A Maine divorce officially begins on the date your spouse is formally served — not when you file. This is Day 0 for two critical clocks: the 21-day response window and the 60-day mandatory waiting period.

You have three options for service:

Acknowledgment of service is the cheapest route. Mail the complaint, summons, and two copies of Form FM-036 with a self-addressed stamped envelope. If your spouse signs and returns the acknowledgment within 20 days, service is complete.

Certified mail with restricted delivery uses the US Postal Service. Service is complete when your spouse personally signs the green return receipt card.

Sheriff or process server is the most reliable method for uncooperative spouses. A deputy physically hands the documents to your spouse and provides a Return of Service. This typically costs $25–$50.

Never send confidential forms (the SSN disclosure, fee waiver application, or confidential address affidavit) to your spouse — file those directly with the court.

File With the Court and Pay the Fee

Within 20 days of completing service, file your signed originals and proof of service with the District Court clerk. The filing fee is $120. If you can't afford it, submit Form CV-067 (Application to Proceed Without Payment) and Form CV-191 (Financial Affidavit) to request a fee waiver.

What Happens Next Depends on Your Case

Cases with children go to a Family Law Magistrate. The court schedules an initial Case Management Conference within 4–8 weeks after proof of service is filed, where the magistrate sets temporary arrangements for custody, child support, and health insurance. If you and your spouse agree on everything, you can skip this conference by filing Form FM-054 (Certificate in Lieu of Case Management Conference).

Cases without children go directly to a District Court Judge. If your spouse files an answer, the court schedules a conference at least 60 days after proof of service is filed. If your spouse doesn't respond, the clerk skips the conference entirely and schedules an uncontested hearing.

If any issues are disputed, the court refers you to CADRES (Court Alternative Dispute Resolution Service) for mandatory mediation. The fee is $160, split equally at $80 per party.

The 60-Day Wait and Final Hearing

Maine law imposes a mandatory 60-day waiting period from the date of service before any final hearing can happen. Neither side can waive this — it's a statutory floor.

Once the waiting period passes and all requirements are met:

• Uncontested cases get a brief 10–20 minute hearing where the judge or magistrate confirms residency, grounds, and that any agreement is fair and voluntary
• Contested cases go to a formal trial with evidence, financial documents, and witness testimony

After the clerk enters the signed Divorce Judgment on the docket, there's a 21-day appeal window before it's completely final. Both parties can sign a Waiver of Appeal at the hearing to make the divorce immediately final.

Keep Your Filing on Track

The most common delays in Maine divorces come from service problems — specifically, not understanding that the 60-day clock starts at service, not at filing. Getting service right the first time can save you weeks.

If you want a complete roadmap with filing checklists, service-of-process trackers, and hearing preparation templates organized in the order Maine courts expect them, the Maine Divorce Filing Process Guide walks through each step with the specific forms and deadlines for your case type.

See more Maine guides →