Divorce Laws in Maine: Complete 2026 Guide

Maine recognizes both no-fault and fault-based grounds for divorce under 19-A M.R.S.A. §902. The no-fault ground is 'irreconcilable marital differences,' which simply requires a spouse to state in the divorce complaint that the marriage has broken down and cannot be repaired. No-fault is the most commonly used ground in Maine and results in faster, less contentious proceedings because neither party must prove wrongdoing. The fault-based grounds available in Maine include: (A) adultery; (B) impotence; (C) extreme cruelty; (D) utter desertion continued for three consecutive years prior to the filing of the action; (E) gross and confirmed habits of intoxication from the use of liquor or drugs; (F) nonsupport, where one spouse has sufficient ability but grossly or cruelly refuses to provide suitable maintenance; (G) cruel and abusive treatment; and (H) mental illness requiring confinement in a mental institution for at least seven consecutive years prior to filing (19-A M.R.S.A. §902(1)). Fault-based divorces tend to be more complex, expensive, and time-consuming because the filing spouse must present evidence to prove the alleged ground. When the no-fault ground of irreconcilable differences is asserted and the other spouse denies it, the court may continue the case and refer the parties to marital counseling before proceeding. If the spouse who denies the differences refuses to participate in counseling without good reason, that refusal is considered prima facie evidence that the differences are irreconcilable (19-A M.R.S.A. §902(3)). Condonation is not an absolute defense but is discretionary with the court (19-A M.R.S.A. §902(4)).

To file for divorce in Maine, the filing party must satisfy one of four residency conditions set forth in 19-A M.R.S.A. §901(1). The plaintiff must have resided in good faith in Maine for at least six months immediately prior to filing; or the plaintiff must be a Maine resident and the parties were married in the state; or the plaintiff must be a Maine resident and the parties resided in Maine when the cause of divorce accrued; or the defendant must be a resident of Maine at the time of filing. These alternatives give Maine courts jurisdiction over the divorce. The six-month residency requirement is the most commonly cited and can be demonstrated through documents such as a Maine driver's license, utility bills, mortgage statements, or lease agreements. There is no separate county residency requirement — the complaint is filed in the District Court in the county where either spouse resides. Military personnel stationed in Maine are given special consideration. Under 19-A M.R.S.A. §102, the right to file for divorce cannot be denied to a person who is a member of the Armed Forces on active duty stationed in Maine, the spouse of that member, or a parent of a child of that member. The service member is deemed a resident of the county where the military installation is located or where the member has sojourned.

Maine is an equitable distribution state. Under 19-A M.R.S.A. §953, the court must first set apart each spouse's separate (nonmarital) property and then divide marital property in proportions the court considers just. Equitable does not mean equal — it means fair, based on the specific circumstances of each case. Marital property generally includes all assets and debts acquired during the marriage, regardless of whose name is on the title. Nonmarital (separate) property includes property acquired before the marriage, property received as a gift or inheritance, property acquired after the date of legal separation, property excluded by valid agreement of the parties, and any increase in value of separate property. There is a statutory presumption that property acquired during the marriage is marital property, though this presumption can be rebutted (19-A M.R.S.A. §953(2)–(3)). When dividing marital property, the court considers all relevant factors, including: (A) the contribution of each spouse to the acquisition of marital property, including homemaker contributions; (B) the value of property set apart to each spouse; and (C) the economic circumstances of each spouse at the time the division becomes effective, including the desirability of awarding the family home to the spouse with custody of children (19-A M.R.S.A. §953(1)). Notably, Maine also has specific provisions for companion animals — the court must consider factors such as the pet's well-being and each party's role in caring for the animal (19-A M.R.S.A. §953(10)). Once a property division is final, it generally cannot be modified.

Maine recognizes five types of spousal support under 19-A M.R.S.A. §951-A: (1) general support, to provide financial assistance to a spouse with substantially less income potential so both can maintain a reasonable standard of living; (2) transitional support, to help a spouse with short-term needs such as re-entering the workforce or establishing a separate residence; (3) reimbursement support, to achieve an equitable result due to economic misconduct or where one spouse significantly contributed to the other's education or career; (4) nominal support, to preserve a party's right to seek future support; and (5) interim support, to provide financial help during the pendency of the divorce action. General support carries specific presumptions: there is a rebuttable presumption that it may not be awarded if the marriage lasted less 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. These presumptions can be overcome if the court finds that applying them would be inequitable or unjust. The court evaluates 17 statutory factors when determining spousal support (§951-A(5)), including: the length of the marriage; each party's ability to pay; age of each party; employment history and earning potential; education and training; contributions as homemaker; contributions to the other spouse's education or career; economic misconduct; the marital standard of living; the ability of the supported spouse to become self-supporting; the impact of property division and child support on support needs; and any other factor the court deems appropriate. Spousal support is gender-neutral — either spouse may request it. Support terminates upon the death of either party or, in many cases, upon remarriage of the recipient. Maine law does not use a specific formula to calculate support amounts; the determination is within the court's discretion.

In Maine, child custody is referred to as 'parental rights and responsibilities' under 19-A M.R.S.A. §1653. The court may award allocated parental rights (one parent makes certain decisions), shared parental rights (both parents share decision-making authority and potentially residential care), or sole parental rights (one parent has full authority). The overriding standard in all custody decisions is the best interest of the child, and the court must give equal consideration to both parents regardless of gender or the child's age. To determine the child's best interest, the court evaluates numerous statutory factors under §1653(3), including: the child's age and relationship with each parent; the duration and adequacy of the child's current living arrangements and the desirability of maintaining continuity; each parent's motivation and capacity to provide love, affection, and guidance; the child's adjustment to home, school, and community; each parent's capacity to encourage frequent and continuing contact with the other parent; each parent's methods for resolving disputes; the child's preference (if old enough to express a meaningful opinion); the effect of sole authority on the child; any history of domestic abuse or child abuse; whether either parent has made false allegations of abuse; and any other relevant factors. Maine courts strongly favor frequent contact between children and both parents, unless domestic abuse or safety concerns exist. If domestic abuse is found, there is a rebuttable presumption limiting the abusive parent's contact rights. Mediation is mandatory in contested custody cases, and the court may also order parenting education programs. Modifications to existing custody orders require a showing of a substantial change in circumstances under 19-A M.R.S.A. §1657.

To file for divorce in Maine, the plaintiff (filing spouse) must prepare and file a packet of documents with the District Court clerk in the county where either spouse resides. The primary documents include: the Complaint for Divorce (FM-005 for cases without minor children, or the version for cases with children); the Confidential Family Matter Summary Sheet (FM-002); a Social Security Number Confidential Disclosure Form; and the Family Matters Summons and Preliminary Injunction (FM-038), which must be obtained in person from the clerk's office for a small fee. If minor children are involved, additional forms including a Child Support Affidavit (FM-050) and proposed Parenting Plan are required. After assembling the paperwork, the plaintiff files it with the District Court clerk and pays the $120 filing fee. If the plaintiff cannot afford the fee, they may request a waiver by filing an Application to Proceed Without Payment of Fees (CV-067) along with a financial affidavit. Once filed, the complaint and summons must be served on the defendant. Service may be accomplished through hand delivery, certified mail with restricted delivery, or by a sheriff or process server. The defendant has 20 days after in-state service to file an Answer. After service and the 60-day waiting period, if the case is uncontested, the parties may submit a proposed judgment for the court's approval. In contested cases, the court will schedule a case management conference, may order mediation (mandatory for custody disputes), and eventually schedule a hearing or trial. Electronic filing (eFiling) is now available in certain Maine courts and is expanding across the state. The Maine Judicial Branch website (courts.maine.gov) provides downloadable forms and detailed instructions for self-represented parties. All divorce cases in Maine are filed in and handled by the Maine District Court, specifically its Family Division. The District Court has exclusive original jurisdiction over family matters including divorce, legal separation, parental rights and responsibilities, child support, spousal support, and property division. The complaint is filed in the District Court for the county or judicial division where either spouse resides. Within the Family Division, cases may be heard by District Court judges or by Family Law Magistrates. Magistrates can preside over conferences, conduct hearings, and issue proposed orders, but their decisions are subject to review by a District Court judge if either party files an objection. This two-tier process within the District Court ensures judicial oversight while allowing magistrates to handle the significant volume of family law cases. If a party disagrees with a final order from the District Court judge, they may appeal to the Maine Supreme Judicial Court, sitting as the Law Court. The Law Court is Maine's highest appellate court and reviews family law matters for errors of law or abuse of discretion. Appeals must be filed within the time period specified in the Maine Rules of Appellate Procedure. The appellate process can be complex, and parties are encouraged to consult with an attorney before pursuing an appeal.

Maine imposes a mandatory 60-day waiting period from the date of filing before a divorce can be finalized. This is established by statute and applies to all divorce cases — both contested and uncontested. The purpose of this cooling-off period is to ensure that couples have time to reflect on their decision before the marriage is legally dissolved. There is no pre-filing separation requirement in Maine. Spouses do not need to live apart for any period before filing a complaint for divorce. However, the 60-day minimum does not mean that a divorce will be finalized exactly 60 days after filing. In uncontested cases where the parties have agreed on all issues and submitted complete paperwork, the court may schedule a final hearing shortly after the 60-day period expires. In contested cases, the actual timeline extends well beyond the 60-day minimum. Complex property disputes, custody battles, and court scheduling backlogs can push the process to 6–18 months or longer. When children are involved, additional time may be needed for mediation, parenting education, and guardian ad litem investigations. Once the final divorce decree is issued, there is no waiting period before either party may remarry in Maine.