Uncontested Divorce in Maine

An uncontested divorce in Maine means both spouses agree on everything — property division, spousal support, and (if applicable) custody and child support. It's the fastest and cheapest way to end a marriage in the state, but Maine handles it differently than you might expect.

Maine Doesn't Have a Joint Petition

One common surprise: there's no option for both spouses to file together in Maine. Even when you fully agree, one spouse must act as the plaintiff and formally serve the other with a complaint and summons. The cooperative spouse then acknowledges service rather than contesting it.

This isn't just a technicality. The service date — not the filing date — starts Maine's mandatory 60-day waiting period. So the sooner you complete service, the sooner your divorce can be finalized.

The Cheapest Way to Handle Service

For an uncontested divorce, the Acknowledgment of Receipt method (Form FM-036) is typically all you need. Mail the complaint, summons, and two copies of FM-036 with a self-addressed stamped envelope to your spouse. They sign and return the acknowledgment, and service is legally complete.

This avoids the $25–$50 sheriff service fee entirely. Your main hard costs at this point are the $5 summons (purchased from the clerk), the $120 filing fee, and postage.

Skip the Case Management Conference

If you have minor children and agree on custody, support, and parenting time, you can bypass the initial Case Management Conference entirely. Both parents sign Form FM-054 (Certificate in Lieu of Case Management Conference), which tells the court you've already worked out temporary arrangements.

Without FM-054, the court schedules a conference with a Family Law Magistrate within 4–8 weeks after proof of service is filed — adding time and stress to a case that doesn't need either.

For cases without children, skipping the conference happens automatically if the defendant doesn't respond. The clerk simply schedules an uncontested final hearing once the 60-day wait expires.

What the Final Hearing Looks Like

The uncontested final hearing in Maine is brief — typically 10–20 minutes. The judge or magistrate asks a few questions under oath to verify:

• At least one spouse meets the residency requirements
• The grounds for divorce are valid
• Your written agreement is fair, voluntary, and (if children are involved) in their best interests

Unlike some states, Maine does require this in-person appearance even for fully uncontested cases. You can't finalize an uncontested divorce entirely on paperwork.

Bring your written Marital Settlement Agreement and a proposed Divorce Judgment for the judge or magistrate to review and sign.

Realistic Timeline

Most uncontested divorces without children wrap up in 2–4 months. With children, expect 3–5 months because of the parenting-related paperwork (child support affidavits, parenting plans, and potentially a co-parenting education class through the Kids First Center).

The earliest final hearing and signed judgment is just over 60 days — the mandatory waiting period plus time to schedule the final hearing. Without a Waiver of Appeal, complete finality generally comes after the 21-day appeal period. Court backlogs vary by county, so smaller divisions may move faster.

When "Uncontested" Gets Complicated

An uncontested divorce works when the agreement is genuinely complete. If you agree on custody but not on who keeps the house, you're partially contested — and the court will refer you to CADRES mediation ($160, split $80 each) before scheduling a trial on the unresolved issues.

If your spouse initially agrees to cooperate but then stops responding or changes their mind after being served, the case shifts to a contested or default track.

For a step-by-step filing sequence with service trackers and hearing checklists built around Maine's uncontested process, the Maine Divorce Filing Process Guide covers exactly what to prepare and when.

See more Maine guides →