How to Respond to Divorce Papers in Maine

Being served with divorce papers in Maine is disorienting, and the packet you just received doesn't come with instructions for what you're supposed to do next. But there's a hard deadline built into this process: you have 21 calendar days from the date you were served to file a response with the court. Miss it, and your spouse can request a default judgment — meaning the court can proceed without your input and the judge will review the requested terms.

The 21-Day Response Window

The clock starts on the day you were served, not the day your spouse filed the complaint with the court. Those can be days or weeks apart. Check the date on the proof of service — whether that's the day you signed the Acknowledgment of Receipt (FM-036), the date on the certified mail green card, or the date a sheriff or process server handed you the documents.

Twenty-one calendar days includes weekends and holidays. If day 21 falls on a weekend or state holiday, you have until the next business day, but don't plan on cutting it that close.

What to File: Entry of Appearance and Answer

Two documents protect your rights as a defendant:

Entry of Appearance (FM-020) — This is the simpler of the two. It tells the court your current address so you receive all future notices, hearing dates, and orders. Without it, the court may schedule hearings and send notifications to an address you no longer use (or to no address at all), and you won't know about them until it's too late.

Answer and Counterclaim (FM-223) — This is your substantive response. In the Answer section, you respond to each paragraph of the complaint — admitting, denying, or stating that you lack enough information to admit or deny each allegation. In the Counterclaim section, you can make your own requests: your proposed terms for property division, spousal support, child custody, or child support.

Filing a counterclaim is not required, but it's your opportunity to put your position on the record. If you only file an Answer without a counterclaim, the court can still consider your preferences during hearings, but you'll be responding to your spouse's framework rather than presenting your own.

What Happens If You Don't Respond

If you do nothing within 21 days, your spouse can file an Affidavit and Request for Default and Default Judgment (Form CV-061). The court can then proceed without your response, and the judge will review the requested terms before entering any judgment.

A default judgment isn't automatic. Your spouse still has to request it, and the court still holds a hearing after the mandatory 60-day waiting period. But without a timely response, you may not have the opportunity to present your position, and the judge will base the order on the evidence before the court.

You can ask the court to set aside a default judgment, but that requires showing "good cause" — meaning a legitimate reason you didn't respond, not just that you forgot or were hoping the situation would resolve itself. This is far harder and more expensive than simply filing your answer on time.

Read the Automatic Preliminary Injunction

Buried in the summons (FM-038) you were served with is a preliminary injunction that became effective when you were served. It applies to both you and your spouse equally, and it prohibits:

• Transferring, selling, or hiding marital assets
• Canceling or modifying health, auto, or life insurance policies
• Taking on significant new debt
• Removing minor children from Maine without written consent or court permission

Violating any of these can result in contempt of court. The injunction stays in effect until the divorce is finalized or the court lifts it — and it applies whether you file a response or not.

After You File Your Response

Once your answer is on file, the court assigns your case to one of two tracks:

Cases with children go to a Family Law Magistrate for a Case Management Conference, typically scheduled four to eight weeks after proof of service is filed. At this conference, the magistrate establishes interim arrangements for child residence, support, and contact schedules.

Cases without children are scheduled for a conference with a District Court Judge no sooner than 60 days after proof of service was filed. If your case has financial disputes, both parties will need to complete and exchange sworn Financial Statements (FM-043) within 21 days of the scheduling order.

Either track may lead to mandatory CADRES mediation if issues remain unresolved. The mediation fee is $160, split equally between both parties at $80 each.

Getting Organized From Day One

If you've been served and need to get your response together quickly, our Maine Divorce Filing Process Guide covers the defendant's track step by step — filing your answer, preparing your financial statement, and getting ready for mediation and hearings, with deadlines mapped to your specific timeline.

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