Temporary Orders and Preliminary Injunction in a Maine Divorce

The moment your spouse is served with divorce papers in Maine, a set of automatic legal restrictions snap into place — before any court hearing, before any negotiation, before either party has time to react. These protections exist to freeze the financial status quo while the divorce proceeds through the system.

The Automatic Preliminary Injunction (Form FM-038)

In Maine, the Family Matter Summons (Form FM-038) includes a preliminary injunction printed directly on its reverse side. This injunction becomes legally binding on both parties the moment the defendant is served. No separate motion is required — it is automatic.

The injunction prohibits both spouses from:

• Transferring, hiding, or destroying marital property — you cannot sell the house, empty bank accounts, or give away assets
• Removing a spouse or child from health, life, or auto insurance — canceling coverage is a violation
• Changing beneficiaries on insurance policies, retirement accounts, or annuities
• Tampering with mail or electronic communications belonging to the other spouse
• Forging the other spouse's signature on checks, deeds, or other negotiable instruments

This injunction remains in effect until the final divorce judgment is entered or the court specifically modifies it.

What Happens If Someone Violates the Injunction

Violating the automatic preliminary injunction is contempt of court. If your spouse drains a joint account, cancels your health insurance, or transfers property after being served, you can file a Motion for Contempt. The court can:

• Order the asset returned or account restored
• Award you a larger share of marital property to compensate
• Order the violating spouse to pay your attorney's fees
• Impose sanctions including fines

Document everything. If you suspect a violation, immediately print bank statements, insurance records, and account histories showing the change occurred after the service date.

Case Management Conference and Temporary Orders

For divorces involving minor children, Maine Rule of Civil Procedure 110A requires an early Case Management Conference with a Family Law Magistrate. This conference is typically scheduled within weeks of service.

At this conference, the Magistrate has authority under Administrative Order JB-05-18 to issue binding temporary orders covering:

• Temporary custody and parenting schedule — who the children live with while the divorce is pending
• Temporary child support — calculated using Maine's child support guidelines worksheet
• Temporary spousal support — interim payments to cover separate living expenses
• Exclusive use of the marital home — one spouse may be ordered to leave
• Temporary allocation of marital bills — who pays the mortgage, utilities, and car payments during the case

These temporary orders remain in effect until the final judgment replaces them. Under Rule 108(f)(2), if the parties cannot agree on child support at the conference, the court must issue a temporary support order within 63 days.

Cases Without Minor Children

If your divorce does not involve children, there is no Case Management Conference. Instead, your case is governed by Rule 110B, which schedules a Pre-Trial Status Conference no sooner than 60 days after service. Temporary orders in childless cases must be requested by motion — they are not automatic like the preliminary injunction.

To obtain temporary orders in a childless divorce, you file a Motion for Temporary Orders requesting specific relief: temporary support, exclusive possession of the home, or temporary allocation of debts. The court schedules a hearing where both sides present evidence.

How to Prepare for the Case Management Conference

The Magistrate makes decisions based on what you present. Walking in without documentation means the Magistrate works from your spouse's numbers if they came prepared.

Bring to the conference:

• Your completed Financial Statement (Form FM-043) — even if the formal filing deadline has not yet arrived
• Recent pay stubs (last 3 months) for both parties if available
• Monthly household expense breakdown
• Documentation of any immediate financial emergencies (utility shutoff notices, insurance cancellation threats)
• A proposed temporary parenting schedule

Know before you go:

• Temporary orders are not final determinations — they can be modified at the final hearing
• The Magistrate cannot divide property permanently at this stage
• You can request attorney's fees for the conference if your spouse is the higher earner

The 60-Day Waiting Period

Separately from temporary orders, Maine Rule of Civil Procedure 113 mandates a minimum 60-day waiting period between the date of service and the earliest possible final hearing. This period cannot be waived, even if both parties agree on everything.

During these 60 days, the preliminary injunction remains active, temporary orders govern day-to-day finances, and both parties work toward either a settlement or trial preparation. The 60-day clock starts on the date the defendant is formally served — not the filing date.

Protecting Your Financial Position

The period between service and final judgment is when the most financial damage can occur if you are not prepared. The Maine Divorce Financial Split Guide includes a timeline worksheet that maps every temporary order deadline, disclosure requirement, and court date so you enter each hearing organized and ready to advocate for fair interim arrangements.

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