Written by Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Maine Divorce Law
How long does divorce take in Maine? The fastest divorce in Maine takes a minimum of 60 days due to the state's mandatory waiting period under Maine law. Uncontested divorces where both spouses agree on all issues typically finalize within 2 to 4 months. Contested divorces involving disputes over property, spousal support, or child custody commonly take 6 to 18 months or longer depending on case complexity and court scheduling.
Overview of the Maine Divorce Timeline
Understanding the divorce timeline in Maine requires familiarity with several legal milestones, from filing the initial complaint through the final decree. Maine divorce cases are governed primarily by Title 19-A of the Maine Revised Statutes, Chapter 29 (19-A M.R.S. sections 901 through 1051). The divorce duration depends on whether the case is uncontested or contested, whether minor children are involved, and how quickly both parties cooperate with the process.
The Maine Judicial Branch handles divorce cases through the District Court (Family Division). Divorces are filed in the District Court for the county where either spouse resides. You can access all necessary forms through the Maine Judicial Branch website at courts.maine.gov.
Maine's Mandatory 60-Day Waiting Period
One of the most important factors in understanding how long does divorce take in Maine is the state's mandatory waiting period. Maine law requires a minimum 60-day waiting period between the filing of all the necessary divorce paperwork and the final hearing (19-A M.R.S. section 901). This waiting period begins after the opposing spouse has been served with copies of the Divorce Complaint, the Family Matter Summons and Preliminary Injunction, and (in cases involving children) the Child Support Affidavit.
This 60-day period represents the absolute minimum divorce duration in Maine. Even the fastest divorce cannot be finalized before this period expires. After this period, a judgment is likely to be entered only if both parties are in full agreement on all issues from the outset of the case.
There is no mandatory separation period required before filing for divorce in Maine. Unlike some other states, Maine does not require spouses to live apart for any length of time prior to commencing divorce proceedings.
Residency Requirements for Filing in Maine
Before you can file for divorce in Maine, you must satisfy one of the following residency requirements under 19-A M.R.S. section 901(1):
- The plaintiff (filing spouse) has resided in good faith in Maine for at least 6 months prior to filing the complaint
- The plaintiff is a Maine resident and the parties were married in Maine
- The plaintiff is a Maine resident and the parties resided in Maine when the cause of divorce accrued
- The defendant (non-filing spouse) is a resident of Maine
Active-duty military members stationed in Maine, their spouses, and the parents of their children are exempt from the residency requirement under 19-A M.R.S. section 102. The service member is deemed a resident of either the county where the military installation is located or the county where the member has sojourned.
Grounds for Divorce in Maine
Maine is a mixed state that recognizes both no-fault and fault-based grounds for divorce under 19-A M.R.S. section 902.
The no-fault ground is irreconcilable marital differences. Most divorcing couples in Maine choose to file on this basis because it tends to make the process faster and less contentious. If one spouse alleges irreconcilable differences and the other spouse denies it, the court may require both parties to receive professional marital counseling before proceeding. If the denying spouse refuses to attend counseling without good reason, the court may treat that refusal as prima facie evidence that the marital differences are irreconcilable.
Maine also recognizes the following fault-based grounds (19-A M.R.S. section 902(1)):
- Adultery
- Impotence
- Extreme cruelty
- Utter desertion continued for 3 consecutive years prior to filing
- Gross and confirmed habits of intoxication from the use of liquor or drugs
- Nonsupport (when a spouse has sufficient ability but grossly, wantonly, or cruelly refuses to provide suitable maintenance)
- Cruel and abusive treatment
- Irreconcilable marital differences
- Mental illness requiring confinement in a mental institution for at least 7 consecutive years
- A court has appointed a guardian with full powers for one of the parties
Fault-based divorces typically take significantly longer because the filing spouse must prove the alleged conduct in court, adding to the overall divorce duration.
Step-by-Step Divorce Process in Maine
Here is the typical divorce timeline from start to finish in Maine:
Step 1: Prepare and File the Complaint (Day 1)
The filing spouse (plaintiff) prepares and files the following documents with the District Court clerk:
- Complaint for Divorce (FM-002 or FM-003, depending on whether children are involved)
- Family and Probate Matter Summary Sheet
- Social Security Number Confidential Disclosure Form
- Child Support Affidavit (if minor children are involved)
- Financial Statement (if disputes exist regarding property, support, or attorney fees)
The Family Matter Summons and Preliminary Injunction (FM-038) must be obtained from the clerk's office for a $5.00 fee, as this form cannot be downloaded.
The court filing fee is $120. As of February 2025. Verify with your local clerk. Spouses who cannot afford the fee may file an Application to Proceed Without Payment of Fees (Form CV-067) requesting an in forma pauperis waiver.
Step 2: Serve the Other Spouse (Days 1 to 14)
After filing, the plaintiff must serve the defendant with the divorce papers. Service may be accomplished by:
- First-class mail with a signed Acknowledgment of Receipt of Summons and Complaint
- Certified mail with restricted delivery
- Service by sheriff (typically costing an additional $25 to $50)
If the defendant refuses to accept service voluntarily, the sheriff may be engaged to accomplish personal service. The 60-day waiting period generally begins running from the date of service.
Step 3: Defendant Responds (Days 14 to 35)
The defendant has 20 to 21 days after service to file an Answer or Entry of Appearance (Form FM-020) with the court. The defendant may also file a counterclaim for divorce. An Answer is not mandatory, but the defendant should at minimum file an Entry of Appearance and attend all court dates to ensure their interests are represented.
Step 4: Case Management Conference (Days 30 to 60)
Within approximately two weeks of filing and service, the court will notify both parties of a required Case Management Conference (for cases involving minor children) or a Pre-Trial Conference (for cases without children). If both parties are in full agreement, the court may use this initial appearance to conduct the final uncontested hearing at that time.
Step 5: Financial Disclosure and Discovery (Days 30 to 120)
Both spouses must exchange complete financial information, including income, expenses, assets, and debts. Clean and timely financial disclosures significantly reduce delays and help facilitate settlement. In contested cases, formal discovery procedures (interrogatories, depositions, requests for production of documents) may extend the divorce timeline by several months.
Step 6: Mediation (If Required)
In Maine, mediation is mandatory for contested divorce actions, especially when child-related issues are in dispute. The court may order mediation at any time during the proceedings. Each party pays an $80 mediation fee per session. If the parties reach agreement through mediation, they can submit a written settlement agreement for the judge's approval.
Step 7: Settlement or Trial (Days 60 to 540+)
If the parties reach a complete agreement, they submit a Marital Settlement Agreement, proposed child support and custody orders (if applicable), and a proposed Decree of Divorce for judicial review. If contested issues remain, the court schedules additional status conferences, mediation sessions, and ultimately a trial.
Step 8: Final Decree of Divorce
After the 60-day waiting period has elapsed and all issues are resolved, the judge issues the final Decree of Divorce. The decree covers property and debt division, spousal support (if any), parental rights and responsibilities and child support (if applicable), and any name change requests.
If both parties sign a waiver of appeal, the divorce is final on the day the decree is docketed. If a waiver is not signed, the divorce does not become final until 21 days after the decree is entered, during which time either party may appeal to the Maine Law Court.
There is no mandatory waiting period for remarriage after the divorce is final.
Typical Divorce Duration by Case Type
Here is a summary of how long does divorce take in Maine based on common scenarios:
- Uncontested divorce (no children, full agreement): 2 to 3 months (60 to 90 days minimum)
- Uncontested divorce (with children, full agreement): 3 to 4 months
- Contested divorce (property or support disputes): 6 to 12 months
- Contested divorce (custody disputes, complex property): 12 to 18+ months
County-level differences also affect the divorce timeline. Courts in Cumberland County (Portland) may have longer processing times due to higher caseloads, with cases sometimes taking 8 to 12 months. Courts in less populated counties such as Kennebec (Augusta) may finalize uncontested cases in as little as 60 to 90 days.
Factors That Affect the Divorce Timeline in Maine
Several factors can accelerate or delay how long your divorce takes:
Factors That Speed Up a Divorce
- Both spouses agree on all issues before filing (uncontested divorce)
- Complete and timely financial disclosures by both parties
- No minor children involved
- Minimal marital property to divide
- Filing in a court with lighter caseloads
- Signing a waiver of appeal to make the decree immediately final
Factors That Slow Down a Divorce
- Disputes over child custody and parenting time
- Complex property issues (business interests, retirement accounts, real estate holdings)
- Incomplete or dishonest financial disclosures
- Court-ordered counseling when one spouse denies irreconcilable differences
- Fault-based grounds requiring evidentiary hearings
- Court backlogs and scheduling delays
- Need for expert witnesses (business valuators, forensic accountants, custody evaluators)
Property Division in Maine Divorce
Maine is an equitable distribution state, not a community property state (19-A M.R.S. section 953). The court divides marital property in proportions it considers just after considering all relevant factors, including:
- The contribution of each spouse to the acquisition of marital property, including contributions as a homemaker
- The value of the property set apart to each spouse
- The economic circumstances of each spouse at the time the division becomes effective, including the desirability of awarding the family home to the custodial parent
All property acquired during the marriage and prior to a decree of legal separation is presumed to be marital property, regardless of how title is held. This presumption can be overcome by showing the property was acquired by gift, inheritance, or other exempt methods.
Spousal Support (Alimony) in Maine
Maine recognizes several types of spousal support under 19-A M.R.S. section 951-A:
- General support: Provides financial assistance to a spouse with substantially less income potential so both spouses can maintain a reasonable standard of living
- Transitional support: Helps a spouse adjust to the economic consequences of divorce
- Reimbursement support: Reimburses a spouse who contributed to the other spouse's education or training
- Nominal support: Preserves the court's ability to award support in the future
- Interim support: Provides support during the pending divorce action
There is a rebuttable presumption that general support may not be awarded if the marriage lasted fewer than 10 years. For marriages lasting 10 to 20 years, there is a rebuttable presumption that general support may not exceed one-half the length of the marriage.
Child Custody and Parental Rights
Maine uses the term "parental rights and responsibilities" rather than "custody" (19-A M.R.S. section 1001 et seq.). The court considers the best interests of the child when making determinations about:
- Allocation of parental rights (decision-making authority)
- Residence schedules (physical living arrangements)
- Child support calculations based on both parents' incomes
When child-related issues are in dispute, the court typically requires mediation and may order a parent education program. Cases involving complex custody disputes can significantly extend the divorce timeline, sometimes to 18 months or longer.
Filing Fees and Court Costs
Here is a summary of common costs associated with divorce in Maine:
- Divorce complaint filing fee: $120
- Family Matter Summons (FM-038): $5.00
- Service by sheriff: $25 to $50
- Court-ordered mediation fee: $80 per session (per party)
- Certified copy of divorce decree: $5.00
- Certified copy of divorce certificate (from Vital Records): $15 for the first copy, $6 for each additional copy
As of February 2025. Verify with your local clerk. The most current fee schedule can be found in Maine Administrative Order JB-05-26 on the Maine Judicial Branch website.
If paying fees creates a financial hardship, you may request a fee waiver by filing Application to Proceed Without Payment of Fees (Form CV-067) with the court.
H2: Frequently Asked Questions About Maine Divorce
What is the fastest divorce you can get in Maine?
The fastest divorce in Maine takes a minimum of 60 days. Maine law imposes a mandatory 60-day waiting period between the filing and service of the divorce paperwork and the final hearing. This means even if both spouses agree on every issue, the court cannot finalize the divorce before 60 days have elapsed. In practice, with court scheduling and paperwork processing, the fastest uncontested divorces typically finalize in 2 to 3 months.
How long does a contested divorce take in Maine?
A contested divorce in Maine typically takes between 6 and 18 months. If there are disputes over property division, child custody, or support matters, the process will take longer because the parties will need to engage in discovery, mediation, and potentially a trial. When children are involved and custody is disputed, it is not uncommon for a divorce to take more than 18 months before full resolution is reached.
Do I need to be separated before filing for divorce in Maine?
No. Maine does not have a mandatory separation period before filing for divorce. You can file for divorce while still living together with your spouse. The only waiting period is the mandatory 60-day period between filing/service and the final hearing.
Can I file for divorce in Maine if I just moved here?
Generally, you must have resided in Maine in good faith for at least 6 months before filing a Complaint for Divorce under 19-A M.R.S. section 901(1)(A). However, you may also file if you are a Maine resident and were married in the state, if you are a Maine resident and lived in the state when the cause of divorce occurred, or if your spouse is a Maine resident. Active-duty military personnel stationed in Maine are exempt from the standard residency requirement.
How much does a divorce cost in Maine?
The court filing fee for a divorce complaint in Maine is $120 as of February 2025. Additional costs include $5.00 for the Family Matter Summons, $25 to $50 for service by sheriff (if needed), and $80 per session for court-ordered mediation. Attorney fees vary significantly depending on the complexity of the case and the county in which the case is filed. As of February 2025. Verify with your local clerk.
Is Maine a 50/50 divorce state?
No. Maine is an equitable distribution state, not a community property (50/50) state. Under 19-A M.R.S. section 953, the court divides marital property in proportions it considers just and equitable, which does not necessarily mean a 50/50 split. The court considers factors such as each spouse's contributions to the marriage, the value of property set apart to each, and the economic circumstances of each spouse.
Is mediation required in a Maine divorce?
Yes, in contested cases. Maine courts require mediation when a divorce action is contested, particularly when child-related issues are in dispute. The court may also order mediation at any time during the proceedings at its discretion. Each party is required to pay an $80 mediation fee for each mediation session attended. The goal of mediation is to help the parties reach a mutually acceptable settlement without the need for trial.
Can I get a divorce without a lawyer in Maine?
Yes. Many people in Maine file for divorce without hiring an attorney, particularly in uncontested cases. The Maine Judicial Branch provides downloadable divorce forms and instructions on its website at courts.maine.gov. Self-represented parties can also seek free legal guidance through the Volunteer Lawyers Project's Courthouse Assistance Project (CHAP). However, if your divorce involves contested issues, complex assets, or disputed custody matters, consulting with a family law attorney licensed in Maine is strongly recommended.
How does the 21-day appeal period affect my divorce timeline?
After the judge signs the Decree of Divorce, either party has 21 days to file an appeal with the Maine Law Court. During this appeal period, the divorce is not yet technically final. However, if both parties sign a waiver of appeal, the divorce becomes final on the day the decree is docketed by the court. In uncontested cases, both parties typically sign the waiver to avoid the additional 21-day wait.
What happens if my spouse refuses to participate in the divorce?
If your spouse refuses to respond to the divorce complaint or appear in court, the divorce can still proceed. The court may enter a default judgment after the defendant fails to file a response within the required 20-day period. A default judgment allows the court to grant the divorce and make decisions on all outstanding issues without the non-participating spouse's input. However, the 60-day waiting period still applies.
Disclaimer
This guide is provided for general informational purposes only and does not constitute legal advice. The information presented here is current as of the date of publication, but laws and court procedures can change. For advice specific to your circumstances, consult a qualified family law attorney licensed to practice in the State of Maine. Filing fees and court costs referenced were verified as of February 2025; always confirm current amounts with your local District Court clerk before filing.