Divorce Checklist for Maine

Maine law under Title 19-A, Section 901 establishes four qualifying pathways for filing a divorce complaint in District Court. The most common pathway requires the plaintiff to have resided in good faith in Maine for at least 6 months prior to filing. Alternatively, you may file if you are a Maine resident and the parties were married in Maine, if you are a Maine resident and the parties resided in Maine when the grounds for divorce arose, or if the defendant is a current Maine resident. Active-duty military members stationed in Maine and their spouses are exempt from the residency requirement under Section 901. You must be prepared to attest to your residency status in the Complaint for Divorce form. Gather documentation proving your Maine residency, such as a valid Maine driver's license, utility bills, lease agreements, or property tax records showing at least 6 months of continuous Maine residence before your filing date.

Maine is a mixed-grounds state, recognizing both no-fault and fault-based grounds under Title 19-A, Section 902. The most commonly used ground is 'irreconcilable marital differences' under Section 902(1)(H), which requires no proof of wrongdoing by either spouse. If you file on irreconcilable differences and your spouse denies the allegation, the court may order both parties to attend counseling with a qualified professional under Section 902(2). A spouse's refusal to attend counseling without good reason constitutes prima facie evidence that the differences are irreconcilable. Fault-based grounds include adultery, impotence, extreme cruelty, utter desertion for 3 consecutive years, gross and confirmed habits of intoxication from liquor or drugs, nonsupport when able to provide, and cruel and abusive treatment. Most Maine divorces proceed on the no-fault ground of irreconcilable differences, which simplifies the process and avoids the burden of proving fault.

Before filing your Complaint for Divorce in Maine, you must assemble comprehensive personal and financial documentation. Maine requires both parties to file a Financial Statement (Form FM-043) disclosing all assets, debts, income, and expenses under Maine Rule of Civil Procedure 108(c). You must provide the other party with copies of your federal tax returns for the last 2 years and your 3 most recent pay stubs at least 3 business days before mediation. The Financial Statement has three parts: Part I (General Statement identifying property categories), Part II (Inventory of Assets and Debts listing all property with current market values), and Part III (Income and Expenses). All statements are made under penalty of perjury, carrying up to 5 years imprisonment and a $5,000 fine for false information under Maine law. Proactive document collection now prevents delays during the mandatory disclosure phase.

If you are experiencing domestic violence, Maine courts provide safety protections that should be addressed before you file. You may file Form FM-057 (Affidavit for Confidential Address) to keep your physical address hidden from the other party in court records. Maine law also permits the court to exclude the public from divorce proceedings under Title 19-A, Section 901, upon request of either party through their attorney if the other party does not object. If you need immediate protection, you can request a temporary Protection from Abuse order from any Maine District Court, which can grant exclusive possession of the home, temporary custody, and no-contact provisions. The Maine Coalition to End Domestic Violence (866-834-4357, https://www.mcedv.org/) provides safety planning, shelter referrals, and legal advocacy at no cost. Domestic violence is also a recognized fault ground for divorce under Section 902(1)(G) as 'cruel and abusive treatment.'

Maine divorce complaints must be filed in a District Court, not Superior Court. Under Maine law, you file in the District Court for the division where either you or your spouse resides. Maine has multiple District Court locations organized by county. If both spouses live in the same county, file in that county's District Court. If you live in different counties, you may choose to file in either county. You can find your correct court location using the Maine Judicial Branch court finder at https://www.courts.maine.gov/. Each District Court has a clerk's office where you can obtain the Family Matter Summons and Preliminary Injunction (Form FM-038), which must be an original paper form with an official court seal and cannot be downloaded online. The cost of obtaining this summons form is $5.00 from the clerk's office, or $10.00 by mail, which includes postage and the summons packet.

Before you can file or serve your divorce complaint in Maine, you must obtain the Family Matter Summons and Preliminary Injunction (Form FM-038 or FM-038A) from a District Court clerk's office. This form cannot be downloaded from the Maine Judicial Branch website because it requires an official court seal. The summons costs $5.00 when purchased in person at any District Court clerk's office. You may also request it by mail for $10.00 (which includes $5.00 for the summons and $5.00 for postage) by sending a written request with a check to any Maine District Court. The summons contains a preliminary injunction that automatically prohibits both parties from transferring, concealing, or disposing of marital property, removing minor children from the state, and canceling insurance policies while the case is pending. This injunction goes into effect upon service and remains in force until the court modifies it or the case is resolved.

Download the appropriate form packet from the Maine Judicial Branch website (https://www.courts.maine.gov/forms/index.html). Use Form FM-004 (Complaint for Divorce with Minor Children) if you have minor children, or Form FM-005 (Complaint for Divorce without Minor Children) if you do not. Complete the FM-002 (Family Matter Summary Sheet) with case identifying information. Fill out Form CV-CR-FM-PC-200 (Social Security Number Disclosure Form), which is required by both state and federal law and will be kept confidential in the court file. If you have minor children, you must also complete Form FM-050 (Child Support Affidavit). Prepare two copies of Form CV-FM-036 (Acknowledgment of Receipt of Summons and Complaint) for service purposes. Complete Form CR-CV-FM-255 (Notice Regarding Electronic Service) in duplicate. All forms requiring notarization may be notarized by the court clerk or any active notary public in Maine.

Maine allows two methods for initiating a divorce case, each with different deadlines under Maine Rules of Civil Procedure. Method 1 (Serve First): Serve your spouse with the complaint, summons, and notice regarding electronic service before filing. You must then file the complaint with the court within 20 days after completing service. Method 2 (File First): File the complaint directly with the District Court clerk, paying the $120.00 filing fee. You then have 90 days from the filing date to complete service on your spouse. If you miss either deadline, the judge may dismiss your case. To file, deliver signed originals of all forms with proof of service (if using Method 1) or the filing fee (if using Method 2) to the District Court clerk. If you cannot afford the $120.00 filing fee, submit Form CV-067 (Application to Proceed without Payment of Fees) requesting a fee waiver based on financial hardship.

After filing (Method 2), you have 90 days to serve your spouse with the complaint, summons, and notice regarding electronic service. Maine recognizes three service methods. First, hand-deliver or mail the papers and include two copies of Form CV-FM-036 (Acknowledgment of Receipt), asking your spouse to sign and return one copy within 20 days. If the signed acknowledgment is not returned within 20 days, you must use an alternative method. Second, send papers by certified mail with restricted delivery and return receipt requested; the signed green card from the post office serves as proof of service. Third, hire the county sheriff or authorized process server to hand-deliver the papers; the deputy completes page two of the summons as proof of service, and there is a fee for this service. You must file proof of service with the court regardless of which method you use. If your spouse cannot be located after reasonable efforts, you may petition the court for service by alternative means such as newspaper publication.

After being served, your spouse (the defendant) has 21 days to file a written response called an Answer, or an Answer and Counterclaim, with the District Court. Form FM-186 is the Answer and Counterclaim for Divorce. Your spouse may also file just an Entry of Appearance (Form FM-020) if they want to participate in the case and receive notices without filing a formal answer. If your spouse does not file any response within 21 days, you may request a default judgment, but the court will not enter a default divorce until your spouse has received notice and an opportunity to be heard. A counterclaim allows your spouse to make their own requests regarding property division, custody, support, or other relief. If your spouse files a counterclaim, you have 21 days to file a reply. During this period, the preliminary injunction from the summons remains in effect, prohibiting both parties from disposing of marital assets or removing children from the state.

Both parties must file Form FM-043 (Financial Statement) with the court and provide a copy to the opposing party. Under Maine Rule of Civil Procedure 108(c), the original signed Financial Statement must be filed with the court and a copy sent to the other party at least 3 business days before mediation, or as otherwise ordered by the court. The Financial Statement has three parts: Part I (General Statement identifying categories of marital property), Part II (Inventory of Assets and Debts listing all property with current market values, purchase dates, and outstanding balances), and Part III (Income and Expenses). You must also certify that you will provide the other party with copies of your federal tax returns for the last 2 years and your 3 most recent pay stubs. All disclosures are made under penalty of perjury. Failure to file may result in sanctions under Rule 37(b)(2). The information is not subject to public inspection under Rule 108(d)(3).

Under Title 19-A, Section 251, Maine courts must refer parties to mediation before any contested hearing when there are minor children involved. This applies to contested issues in divorce (Chapter 29), parental rights and responsibilities (Chapter 55), child support (Chapter 63), and other family matters. The court may hear motions for temporary relief before mediation if good cause is shown. The mediation requirement may be waived only upon motion supported by an affidavit showing extraordinary cause, such as domestic violence. Maine's Alternative Dispute Resolution program (https://www.courts.maine.gov/programs/adr/index.html) provides information about court-connected mediation services. Even in cases without minor children, the court may order mediation at its discretion if it determines that mediation could help resolve disputed issues. Both parties must participate in good faith. Failure to attend court-ordered mediation can result in sanctions or adverse inferences by the judge.

Maine courts may require both parents to attend a parent education program in divorce cases involving minor children, as authorized by Title 19-A, Section 902. Two primary programs are approved by the Maine Judicial Branch. Kids First Center (https://www.kidsfirstcenter.org/) offers 'First Step: Foundations in Co-Parenting,' a 4-hour workshop covering family law concepts, child development, self-care during separation, and co-parenting skills. Kids First also offers ICOPE (Intensive Co-Parenting Education), a 9-week program ordered by the court for high-conflict cases. HCI/ParentWorks provides a monthly 4-hour skill-building workshop with small class sizes and individualized instruction. Classes are offered throughout Maine, including evenings and weekends. Need-based scholarships funded by a Maine Judicial Branch grant are available for eligible parents. Both parents must complete the program and file proof of completion with the court before the case can be finalized.

After the initial filings and service are complete, the court schedules either a Case Management Conference or a Pre-Trial Conference, depending on your case type. Cases involving minor children are assigned to a Family Law Magistrate for a Case Management Conference, where the court establishes a schedule for discovery, mediation, and trial. Cases without minor children go before a judge for a Pre-Trial Conference. At this conference, the court reviews the status of the case, identifies contested and uncontested issues, sets deadlines for financial disclosures and discovery, and schedules mediation or a hearing date. Both parties or their attorneys must attend. The court may issue temporary orders at this conference regarding child custody, support, use of the marital home, or other urgent matters if a motion has been filed. This conference typically occurs several weeks after the initial filing and marks the transition from the filing phase to active case management.

In every Maine divorce action where either party has an interest in real estate, Form FM-056 (Certificate Regarding Real Estate) must be filed with the court at least 7 days before the final hearing. This form requires each party to certify whether both parties, only the plaintiff, or only the defendant holds an interest in the real estate, and to provide the street address and the book and page number where the deed is recorded in the County Registry of Deeds. If neither party owns real estate, you still complete the form indicating no real estate interest exists. After the divorce decree is issued, Form FM-171 (Abstract of Divorce Decree) must be recorded in the Registry of Deeds for any county where either party owns real estate, to update the public land records. The abstract provides a summary of the divorce terms affecting real property. Failure to file FM-056 before the final hearing can delay the court's ability to schedule and conduct your final hearing.

Maine law requires a minimum 60-day waiting period between the date of service of the summons and complaint and the final hearing, as established by Title 19-A, Section 901. In uncontested cases where both parties have reached a complete agreement on all issues, the final hearing is typically brief. When the merits of the divorce are not contested, whether or not an answer has been filed, there is no requirement that the plaintiff's testimony be corroborated by witnesses under Section 901. Both parties should attend the hearing prepared to answer questions about the terms of their agreement. In contested cases, the final hearing becomes a trial where the judge hears testimony, considers evidence, and makes rulings on all disputed issues including property division, child custody, support, and other matters. After the hearing, the judge signs the Divorce Judgment, which becomes the final decree. Obtain certified copies of the judgment from the District Court clerk for your records.