Divorce Resources in Maine: Court Forms, Legal Aid & Filing Guide

To file for divorce in Maine, you must have resided in the state in good faith for at least 6 months before filing, as required by 19-A M.R.S. §901. Alternatively, you may file if you are a Maine resident and were married in Maine, or if the defendant is a Maine resident. You must file in the District Court in the county where either spouse resides. Maine recognizes irreconcilable marital differences as grounds for no-fault divorce under 19-A M.R.S. §902. The filing fee is $120, payable at the time of filing. If you cannot afford the fee, submit form CV-067 (Application to Proceed without Payment of Fees) with a CV-191 Supporting Affidavit documenting your financial circumstances.

Begin by obtaining the appropriate divorce complaint packet from any District Court clerk's office or from the Maine Judicial Branch website at courts.maine.gov/forms. For divorces with minor children, use form FM-004 (Complaint for Divorce with Minor Children). For divorces without minor children, use form FM-005 (Complaint for Divorce without Minor Children). You must also obtain form FM-038 (Family Matter Summons and Preliminary Injunction) directly from the clerk's office for a $5 fee, as it requires the clerk's original signature and seal under 19-A M.R.S. §903. Complete the Social Security Number Disclosure Form (CV-CR-FM-PC-200) and the Summary Sheet (FM-002).

After completing your forms, file the signed originals with the District Court clerk along with the $120 filing fee. You must then serve the defendant with the summons and complaint. The defendant may accept service voluntarily by signing form CV-036, or you may arrange service through the county sheriff for approximately $25 to $50. Once served, the FM-038 summons activates an automatic preliminary injunction under 19-A M.R.S. §903 that prohibits both parties from transferring marital assets outside the usual course of business, restricting the other party's personal liberty, or removing children or the other party from health insurance coverage. Maine law requires a minimum 60-day waiting period between filing and the final hearing.

If your divorce involves disputes over property division or spousal support, both parties must exchange and file Financial Statements (FM-043) within 21 days of the Family Division Scheduling Order or before mediation, as required by court rules. Financial statements are filed under seal pursuant to M.R.Civ.P. 108(d)(3). If there are no disputes about property or support in a case without children, you may file a Certificate in Lieu of Financial Statement (FM-042) instead. In cases involving minor children, mandatory mediation is required under 19-A M.R.S. §261 before any contested hearing. Each party pays an $80 mediation fee per session. File form FM-056 (Certificate Regarding Real Estate) at least 7 days before your final hearing if either party owns real property.

Maine courts may order parents to attend a co-parent education program in divorce and parental rights cases involving minor children. Under 19-A M.R.S. §251, the court recognizes that parental cooperation serves the best interests of children during family transitions. These 4-hour programs cover common children's reactions to family break-up, effective communication strategies between co-parents, conflict management techniques that shield children, and successful co-parenting across two households. Programs are offered in person throughout Maine, with many scheduled on weekends and evenings. Approved providers include Kids First Center and HCI ParentWorks. Need-based scholarships are available through a grant from the Maine Judicial Branch. While not universally mandatory for every divorce, judges routinely order participation when minor children are involved, especially in contested cases.

Maine law mandates mediation in all contested family matters involving minor children under 19-A M.R.S. §261. The Legislature declared that encouraging mediated resolutions between parents serves the best interest of minor children and promotes the public policy of ensuring frequent and continuing contact with both parents after separation. A court-appointed mediator — a specially trained neutral third party — facilitates discussion and helps parents reach mutually acceptable agreements on custody, parenting time, child support, and property division. Mediation takes place at the courthouse or via Zoom video conference. Each party pays an $80 mediation fee per session. Parties receiving a fee waiver under form CV-067 may also have mediation fees waived. If a Protection from Abuse order exists or there is a history of domestic violence, the court may determine mediation is inappropriate or arrange separate sessions with the mediator (shuttle mediation). Additional information is available at courts.maine.gov/programs/adr.

In any Maine divorce or judicial separation with disputed property division, spousal support, or attorney fees, both parties must exchange and file a Financial Statement (form FM-043) under the Maine Rules of Civil Procedure. The FM-043 requires disclosure of all assets, liabilities, income, and expenses, with separate identification of marital and non-marital property as required for equitable distribution under 19-A M.R.S. §953. Part I covers general information and the inventory of assets and debts of both parties; Part II details individual income and expenses (required only when spousal support or attorney fees are at issue). The Financial Statement must be filed within 21 days of the Family Division Scheduling Order or before mediation, whichever is earlier. An updated financial statement must be filed at least 7 days before trial. All financial statements are filed under seal pursuant to M.R.Civ.P. 108(d)(3) and are not subject to public inspection. Failure to file may result in court sanctions. In uncontested divorces without children where there is no property or support dispute, parties may file form FM-042 (Certificate in Lieu of Financial Statement) instead.