How long do you have to live in Maine to file for divorce?

Under 19-A M.R.S.A. §901(1), the filing spouse generally must have been a Maine resident for at least six months before filing. However, alternative residency conditions also exist, such as when the marriage took place in Maine or the defendant currently resides in the state.

Do I need to prove fault to get a divorce in Maine?

No. Maine allows no-fault divorce based on irreconcilable marital differences, which does not require proof of wrongdoing by either spouse. Fault-based grounds are also available but are not necessary to obtain a divorce.

How long does it take to get a divorce in Maine?

Maine requires a minimum 60-day waiting period after filing before a divorce can be finalized. Uncontested cases may be resolved in two to four months, while contested divorces can take six months to well over a year depending on the complexity of the issues involved.

How is property divided in a Maine divorce?

Maine follows the equitable distribution model. The court first sets aside each spouse's nonmarital (separate) property and then divides marital property in a manner it deems fair, considering factors such as the length of the marriage, each spouse's contributions, and their economic circumstances.

How much does it cost to file for divorce in Maine?

The court filing fee for a divorce in Maine ranges from $120 to $175 as of February 2026. Additional costs may include attorney fees, mediation fees, and expenses for appraisals or other professional services. Fee waivers are available for those who qualify based on financial hardship.

How does Maine determine child custody?

Maine courts use the best interests of the child standard to determine parental rights and responsibilities. The court evaluates factors including each parent's relationship with the child, the child's needs, the stability of proposed living arrangements, and any history of domestic abuse or substance abuse.

Can I get alimony in a Maine divorce?

Spousal support may be awarded in Maine when one spouse has a substantially lower income-producing capacity or a financial need. The court considers the length of the marriage, each party's earning capacity, the marital standard of living, and other relevant factors before making an award.

What is the difference between contested and uncontested divorce in Maine?

An uncontested divorce occurs when both spouses agree on all major issues, including property division, custody, and support, allowing for a faster and less expensive process. A contested divorce involves disputes on one or more issues that require court intervention or trial to resolve, which typically takes longer and costs more.

Divorce in Maine: A Complete Guide

Introduction

Filing for divorce is one of the most significant legal decisions you will ever make, and understanding how the process works in Maine can help you navigate it with greater confidence. Whether you are just beginning to consider divorce or have already decided to move forward, knowing your rights and responsibilities under Maine law is essential.

This guide provides a comprehensive overview of divorce in the state of Maine, covering everything from the legal grounds you may cite to how courts divide property, determine child custody, and award spousal support. While every situation is unique, this resource will give you a solid foundation for understanding what to expect and how to prepare.

Grounds for Divorce in Maine

Maine recognizes both no-fault and fault-based grounds for divorce under 19-A M.R.S.A. §902. Understanding the difference between these two categories is an important first step.

No-Fault Divorce

The most commonly used ground for divorce in Maine is irreconcilable marital differences. This no-fault ground simply requires one spouse to state in the divorce complaint that the marriage has broken down due to differences that cannot be resolved. Neither spouse needs to prove wrongdoing or assign blame. Because of its simplicity, the vast majority of divorces filed in Maine rely on this ground.

A no-fault divorce can be less adversarial, less expensive, and faster than a fault-based proceeding, making it the preferred route for many couples.

Fault-Based Divorce

Maine also permits fault-based grounds for divorce. While these are used less frequently, they may be relevant in certain circumstances. Fault-based grounds recognized under Maine law include:

Adultery
Impotence
Extreme cruelty
Desertion for at least three consecutive years
Habitual substance abuse (alcohol or drugs)
Nonsupport, where a spouse has the ability to provide support but has grossly, wantonly, or cruelly refused to do so
Confinement for mental illness for at least seven consecutive years

Choosing a fault-based ground means the filing spouse bears the burden of proving the alleged misconduct. In some cases, establishing fault can influence the court's decisions regarding property division or spousal support, though Maine courts primarily focus on equitable outcomes.

Residency Requirements

Before you can file for divorce in Maine, you must satisfy one of four residency conditions set forth in 19-A M.R.S.A. §901(1). Meeting at least one of these requirements gives a Maine court jurisdiction over your case:

The plaintiff (filing spouse) has been a resident of Maine for at least six months before filing the divorce action.
The plaintiff has been a resident of Maine when the cause of divorce occurred.
The defendant (non-filing spouse) is a resident of Maine at the time the divorce is filed.
The marriage took place in Maine, and the plaintiff has been a resident of Maine at the time of filing.

If neither spouse meets these requirements, you will need to establish residency in Maine — or file in a state where one of you qualifies — before proceeding.

Property Division

Maine is an equitable distribution state. This means that marital property is not necessarily split 50/50 but is divided in a manner the court deems fair and just based on the circumstances of the marriage.

Marital vs. Nonmarital Property

Under 19-A M.R.S.A. §953, the court must first set apart each spouse's separate (nonmarital) property. Nonmarital property typically includes:

Assets acquired before the marriage
Inheritances or gifts received by one spouse individually
Property excluded by a valid prenuptial or postnuptial agreement
Certain personal injury awards

Once nonmarital property has been identified and set aside, the court divides the remaining marital property equitably.

Factors Considered in Equitable Distribution

Maine courts consider a variety of factors when dividing marital property, including but not limited to:

The length of the marriage
Each spouse's contributions to the marital estate, including homemaking and child-rearing
The economic circumstances of each spouse at the time of division
The value of each spouse's nonmarital property
Whether either spouse dissipated or wasted marital assets
Tax consequences of the proposed division
Any other factors the court considers relevant

It is important to understand that equitable does not always mean equal. A court may award a greater share of marital property to one spouse if the circumstances justify it.

Child Custody and Parenting Time

If you and your spouse have minor children, custody will be one of the most critical issues in your divorce. Maine law uses the term parental rights and responsibilities rather than the traditional language of custody and visitation.

Types of Custody Arrangements

Maine courts may award:

Sole parental rights and responsibilities — One parent makes major decisions regarding the child's welfare, including education, healthcare, and religious upbringing.
Shared parental rights and responsibilities — Both parents share decision-making authority. This does not necessarily mean equal physical time with the child, but it does require a cooperative arrangement.
Allocated parental rights and responsibilities — Different areas of decision-making (e.g., education, medical care) are divided between the parents.

Best Interests of the Child

All custody determinations in Maine are governed by the best interests of the child standard under 19-A M.R.S.A. §1653. The court considers multiple factors, including:

The child's age and needs
Each parent's ability and willingness to care for the child
The child's relationship with each parent, siblings, and other significant people
The stability of proposed living arrangements
Each parent's willingness to encourage a positive relationship between the child and the other parent
Evidence of domestic abuse or substance abuse
The child's preference, if the child is of sufficient age and maturity

Maine courts strongly encourage parents to reach custody agreements through negotiation or mediation. When parents cannot agree, the court will make the determination for them.

Spousal Support (Alimony)

Maine courts may award spousal support — also referred to as alimony — to either spouse when appropriate. Spousal support is governed by 19-A M.R.S.A. §951-A and may take several forms.

Types of Spousal Support

General support — Intended to provide for a spouse's financial needs when that spouse has substantially less income-producing capacity than the other.
Transitional support — Short-term support designed to help a spouse transition to financial independence, often through education or job training.
Reimbursement support — Awarded to compensate a spouse who made significant financial contributions to the other spouse's education or career development during the marriage.
Nominal support — A minimal award that preserves the court's ability to modify spousal support in the future if circumstances change.
Interim support — Temporary support awarded during the pendency of the divorce proceedings.

Factors Considered

When determining whether to award spousal support and in what amount, the court considers factors such as:

The length of the marriage
Each spouse's earning capacity, age, and health
The standard of living established during the marriage
Each spouse's contributions to the marriage, including homemaking
The economic impact of the divorce on each party
The ability of the paying spouse to meet their own needs while making support payments

Spousal support is not guaranteed in every divorce. It is most commonly awarded in longer marriages or where there is a significant disparity in the spouses' income or earning potential.

Filing Process

Below is a general step-by-step overview of how to file for divorce in Maine:

Step 1: Determine Eligibility

Confirm that you meet one of the four residency requirements under 19-A M.R.S.A. §901(1) before proceeding.

Step 2: Prepare and File the Complaint

The filing spouse (plaintiff) prepares a Complaint for Divorce and files it with the appropriate District Court or Superior Court in the county where either spouse resides. The complaint will include the grounds for divorce and may address related issues such as custody, property division, and spousal support.

Step 3: Pay the Filing Fee

The filing fee in Maine ranges from $120 to $175, depending on the court. If you cannot afford the fee, you may request a fee waiver by filing an Application to Proceed Without Payment of Fees.

Step 4: Serve the Other Spouse

After filing, the plaintiff must ensure the defendant receives proper legal notice of the divorce action, known as service of process. This may be accomplished through personal delivery by a sheriff or authorized process server, or in some cases, by other methods permitted by the court.

Step 5: Response and Discovery

The defendant has the opportunity to file a response to the complaint. Both parties may engage in discovery, the formal process of exchanging financial and other relevant information.

Step 6: Negotiation, Mediation, or Trial

Many divorces in Maine are resolved through negotiation or mediation without the need for a full trial. If the spouses can agree on all issues, they may submit a settlement agreement to the court. If agreement cannot be reached, the case will proceed to trial, where a judge will make the final decisions.

Step 7: Final Judgment

Once all issues are resolved — either by agreement or court decision — the judge will issue a Judgment of Divorce, formally ending the marriage.

Timeline and Costs

Waiting Period

Maine imposes a 60-day waiting period after the complaint is filed before the court can finalize the divorce. This means that even in the most straightforward, uncontested cases, the earliest a divorce can be granted is approximately two months after filing.

Overall Timeline

Uncontested divorces (where both parties agree on all issues) can typically be finalized in 2 to 4 months.
Contested divorces (where disputes over property, custody, or support require litigation) may take 6 months to over a year, depending on the complexity of the case and the court's docket.

Costs

Filing fee: $120–$175 (as of February 2026; verify with your local clerk)
Attorney fees: Vary widely based on the complexity of the case, ranging from a few thousand dollars for a simple uncontested divorce to tens of thousands for a contested case
Mediation fees: If applicable, typically shared between the parties
Additional costs: May include process server fees, appraisal costs, and expert witness fees

Legal Disclaimer

This guide is provided for informational purposes only and does not constitute legal advice. Divorce law is complex and varies based on individual circumstances. The information presented here reflects a general overview of Maine divorce law and may not account for recent legislative changes or court rule amendments. You should consult with a qualified Maine family law attorney to obtain advice tailored to your specific situation. No attorney-client relationship is created by reading this guide.