Maine Divorce: What You Need to Know

The legal procedure that formally dissolves a marriage is divorce, which is also known as the dissolution of marriage. In Maine, divorce is processed by the District Court in the county where either spouse resides. Unlike some states, Maine does not require the divorcing couple to be separated for a period of time before filing. Other things you need to know about divorce processes in the state include the court procedure, county-level filing information, waiting periods, types of divorces, and how to look up divorce records.

How Does Divorce Work in Maine?

In Maine, you have to be a resident before you may file for divorce. Unless the marriage took place in Maine and one spouse still resides there, or the grounds for divorce happened in Maine, one or both spouses must have resided in the state for a minimum of six months.

Both fault-based and no-fault divorces are permitted in Maine. The foundation of the no-fault option is “irreconcilable marital differences”. For fault-based reasons, one may point to adultery, harshness, three years of desertion, impotence, substance misuse, lack of support, and extreme cruelty. Although establishing fault is not necessary, it could have an impact on the results of custody, alimony, or property partition.

There is a waiting period of 60 days after the divorce petition is filed before a final decision is rendered. In this period, spouses can react, share facts, change their minds, and think about a settlement.

If both parties reach an agreement on property, maintenance, and custody, an uncontested divorce could be finalized shortly after the waiting period. Due to mediation, hearings, or trial, a disputed divorce may take many months or more.

Types of Divorce in Maine

Maine law recognizes several types of divorce:

• Uncontested divorce: Both spouses agree on all terms, making the process quicker and less expensive.
• Contested divorce: Disputes exist over property, custody, or finances. These cases take longer and may involve a trial.
• No-fault divorce: Based on irreconcilable marital differences, the most common ground.
• Fault-based divorce: Filed on grounds such as adultery, desertion, or cruelty. Fault may affect alimony or custody decisions.
• Collaborative divorce: Couples may use attorney-assisted negotiation and mediation to settle issues outside of court.
• Legal separation: Maine also allows legal separation, which does not dissolve the marriage but sets legally binding terms for custody, support, and property division.

Maine Divorce Court Process and Forms

In Maine, divorces are typically filed in the District Court of the county where one spouse resides. When one spouse, known as the petitioner, files a complaint for divorce, the procedure officially starts.

Other required documents may include:

• Family Matter Summary Sheet
• Child Support Affidavit (if children are involved)
• Financial Affidavit
• Parenting Plan (if custody is involved)

The other spouse, known as the defendant, must then receive the petition. A sheriff, a process server, or certified mail may serve them. The defendant has twenty-one days to respond after receiving the document.

Financial disclosures of assets, debts, income, and expenses must be made by both spouses. Before custody may be decided, both parents must attend a Parent Education Class if there are children involved.

In contested cases, mediation is frequently mandated in most Maine courts, particularly when custody or visitation is in question. The case then moves forward to hearings and potentially a trial if an agreement cannot be reached.

A Judgment of Divorce, which formally dissolves the marriage and establishes orders for custody, property division, child support, and spousal maintenance, is signed by the judge to finalize the divorce.

City- and County-Level Filing Details

Divorces in Maine are filed at the county level in District Courts. Here are filing details for some of the state’s largest counties:

• Cumberland County (Portland):
  • Courthouse: The district court in Portland, known as the Cumberland County District Court, sits at 205 Newbury Street, Portland, ME 04101.
  • Services: The district court offers forms and self-help materials online; it also requires parenting classes in custody cases.
• York County (Biddeford/Alfred):
  • Courthouse: The Biddeford District Court, at the York Judicial Center, is located at 515 Elm Street, Biddeford, ME 04005.
  • Services: The Clerk of this court provides filing assistance; it often orders mediation in family cases.
• Penobscot County (Bangor):
  • Courthouse: The Bangor District Court is located at the Penobscot Judicial Center, 78 Exchange Street, Bangor, ME 04401.
  • Services: Self-help resources and forms are available in Bangor District Court; the court orders mandatory parenting programs for divorces involving children.
• Androscoggin County (Lewiston):
  • Courthouse: Androscoggin County District Court is located at 71 Lisbon Street, Lewiston, ME 04240.
  • Services: The Clerk’s office of this court provides instructions to the public; the court also offers mediation in contested custody disputes.
• Kennebec County (Augusta):
  • Courthouse: Kennebec County District Court is located at 1 Court Street, Augusta, ME 04330.
  • Services: You can download online forms from this court’s website; the court typically requires parenting classes in custody cases.

Since Maine has a unified court system, procedures are fairly consistent across counties, but it’s always best to confirm details with the local clerk.

How to Search for Divorce Records in Maine

In Maine, divorce records are open to the public, although private information concerning minors, financial accounts, and Social Security numbers is redacted. The Clerk of the District Court in the county where the divorce was finalized is responsible for keeping records.

Ways to access records include:

• At the courthouse: Certified copies of divorce judgments are available from the clerk for a fee.
• Online: Maine does not yet provide statewide online access to divorce records. Some docket summaries may be available through the Maine Judicial Branch, but full records must be obtained from the courthouse.
• Vital Records: The Maine Center for Disease Control and Prevention (Maine CDC), Office of Vital Records, provides divorce certificates (not full decrees) for divorces granted since 1892. These certificates list the names of spouses, the date, and the place of divorce.
• Third-party services: Some websites offer record searches, but only the court or Maine Vital Records can issue certified copies.

Divorce records typically include the names of both spouses, the divorce date and county, the case number, and court orders regarding support, custody, and property distribution. The divorce certificate from Vital Records acts as evidence for legal purposes, whereas the Judgment of Divorce is the formal document that dissolves the marriage.

Key Points

• Divorce in Maine is filed in the District Court of the county where either spouse resides.
• One spouse must live in Maine for six months before filing, with some exceptions.
• Maine allows both no-fault (irreconcilable differences) and fault-based divorces.
• A 60-day waiting period applies before a divorce can be finalized.
• Parents of minor children must attend a parent education program, and mediation is common in custody disputes.
• Divorce records are public and available from District Court clerks or through the Maine CDC Vital Records office.