By Jason M. Rice, Esq. | Dirigo Divorce | Springvale, Maine
Last Updated: April 2026 | 8-Minute Read
Filing for divorce in Maine can feel overwhelming — especially when you are already dealing with the emotional weight of a major life change. The good news is that Maine’s divorce process is manageable when you understand what to expect and what steps to take. Whether you are considering an uncontested divorce or anticipate a contested proceeding, this guide walks you through everything you need to know about how to file for divorce in Maine.
If you have questions specific to your situation, Dirigo Divorce is here to help. We serve clients throughout York County and southern Maine, and we offer an initial consultation to help you understand your options.
Step 1: Make Sure You Meet Maine’s Residency Requirements
Before you can file for divorce in Maine, you or your spouse must meet the state’s residency requirements. Specifically:
- If you were married in Maine, either spouse can file as long as one of you currently lives in Maine.
- If you were not married in Maine, the spouse filing for divorce must have lived in Maine for at least six months before filing.
Meeting these requirements is the first step. If you are unsure whether you qualify, an experienced Maine family law attorney can review your situation and confirm your eligibility before you move forward.
Step 2: Understand the Grounds for Divorce in Maine
Maine is a no-fault divorce state, which means you do not need to prove that your spouse did something wrong in order to obtain a divorce. The most common ground used is irreconcilable marital differences — essentially, that the marriage has broken down and cannot be repaired.
Maine also recognizes fault-based grounds for divorce, including:
- Adultery
- Impotence
- Extreme cruelty
- Desertion for three or more consecutive years
- Gross and confirmed habits of intoxication from alcohol or drugs
- Non-support when one spouse is able to provide support
In practice, the vast majority of Maine divorces proceed on no-fault grounds. Choosing a fault-based ground can complicate the process and increase legal costs, so it is worth discussing with your attorney whether pursuing fault makes sense in your case.
Step 3: Decide Between an Uncontested and Contested Divorce
One of the most important early decisions you will make is whether your divorce will be uncontested or contested. Understanding the difference has significant implications for cost, timeline, and stress.
Uncontested Divorce in Maine
An uncontested divorce — sometimes called a joint petition — is one where both spouses agree on all major issues, including:
- Division of marital property and debts
- Child custody and parenting time
- Child support
- Spousal support (alimony), if applicable
Uncontested divorces are faster, less expensive, and far less stressful than contested proceedings. If you and your spouse can agree on the major issues, an uncontested divorce is almost always the better path.
Contested Divorce in Maine
A contested divorce occurs when spouses cannot agree on one or more major issues. These cases require the court to step in and make decisions, which means more hearings, more time, and more legal fees. Contested divorces in Maine can take anywhere from several months to over a year to resolve, depending on the complexity of the issues involved.
Even if your divorce starts out contested, many cases are ultimately resolved through negotiation or mediation before trial. Having an experienced attorney in your corner early in the process can make a significant difference in both the outcome and the timeline.
Step 4: File the Divorce Complaint
To officially start the divorce process in Maine, you must file a Complaint for Divorce with the District Court in the county where either you or your spouse lives. In York County, this means filing with the York County District Court.
The Complaint for Divorce is a legal document that sets out:
- Your name and your spouse’s name
- The date and place of your marriage
- The names and ages of any minor children
- The grounds for divorce
- What you are requesting from the court (custody, support, property division, etc.)
Along with the Complaint, you will need to file a summons and pay a filing fee to the court. As of 2025, the filing fee for a divorce in Maine is $120. Fee waivers are available for those who qualify based on income.
Step 5: Serve Your Spouse
After you file, your spouse must be formally notified — this is called service of process. Maine law requires that your spouse be personally served with a copy of the Complaint and Summons. This can be accomplished by:
- Having the county sheriff serve the documents
- Using a private process server
- Having your spouse sign an Acceptance of Service, which avoids the need for formal service if both parties are cooperating
Once your spouse is served, they have 21 days to file a response with the court.
Step 6: The 60-Day Waiting Period
Maine law imposes a mandatory 60-day waiting period after the Complaint for Divorce is filed before a divorce can be finalized. This waiting period applies even if both spouses are in full agreement and ready to move forward immediately.
The 60-day period is designed to allow both parties time to reflect on their decision and to reach final agreements on all issues. During this time, your attorney can be working to negotiate a settlement agreement that resolves all outstanding matters.
Step 7: Negotiate a Settlement or Prepare for Trial
During the period between filing and your final hearing, there are several ways the major issues in your divorce can be resolved:
Negotiation
Your attorney and your spouse’s attorney work directly to reach an agreement on all outstanding issues. This is the most common way divorces are resolved in Maine.
Mediation
Maine courts strongly encourage mediation in contested family law cases. A neutral mediator helps both parties work through their disagreements and reach a mutually acceptable resolution. Mediation is confidential, often faster than litigation, and gives both parties more control over the outcome than leaving decisions to a judge. At Dirigo Divorce, we also offer private mediation services for couples who want to resolve their differences outside of court.
Trial
If the parties cannot reach an agreement, the case proceeds to a final hearing where a judge makes decisions on all unresolved issues. Trials are the most expensive and time-consuming option, and the outcome is entirely in the judge’s hands.
Step 8: The Final Divorce Hearing
Once all issues are resolved — either by agreement or by trial — a final divorce hearing is scheduled before a judge. In an uncontested divorce, this hearing is typically brief. The judge reviews the parties’ agreement, confirms that both spouses understand and accept its terms, and enters a Final Judgment of Divorce.
In Maine, the divorce is final on the date the Final Judgment is signed by the judge — not 30 days later, as is the case in some other states.
What About Children? Custody and Support in a Maine Divorce
If you and your spouse have minor children, the court must address custody, parenting time, and child support as part of the divorce. Maine courts make all decisions involving children based on the best interests of the child standard, looking at factors such as:
- Each parent’s ability to meet the child’s daily needs
- The child’s relationship with each parent
- The child’s adjustment to home, school, and community
- Each parent’s willingness to support the child’s relationship with the other parent
- Any history of domestic abuse or instability
Child support in Maine is calculated using the Maine Child Support Guidelines, which take into account each parent’s income, the parenting time schedule, health insurance costs, and childcare expenses.
These are among the most important and emotionally charged aspects of any divorce involving children. Having an experienced family law attorney advocate for your parental rights from the beginning of the process can make a significant difference in the outcome.
How Long Does a Divorce Take in Maine?
The timeline for a Maine divorce depends heavily on whether it is contested or uncontested:
- Uncontested divorce: Typically 2 to 4 months from filing to final judgment, including the 60-day waiting period.
- Contested divorce: Can take anywhere from 6 months to 2 years or more, depending on the complexity of the issues and the court’s schedule.
The best way to keep your divorce on track — and to avoid unnecessary delays and costs — is to work with an attorney who knows the York County court system and can keep your case moving efficiently.
Frequently Asked Questions About Divorce in Maine
Do I need an attorney to get divorced in Maine?
You are not legally required to have an attorney to file for divorce in Maine. However, even in an uncontested divorce, an attorney can ensure that your agreement is fair, legally sound, and properly executed — protecting you from costly mistakes that may not become apparent until years later.
Can I file for divorce if my spouse does not want one?
Yes. Maine is a no-fault divorce state, which means one spouse cannot prevent the other from obtaining a divorce. If your spouse refuses to participate, the court can still proceed and enter a default judgment.
How is property divided in a Maine divorce?
Maine follows the principle of equitable distribution, which means marital property is divided fairly — but not necessarily equally. Courts consider factors such as the length of the marriage, each spouse’s contribution to marital assets, and each spouse’s economic circumstances after the divorce.
What is the difference between legal separation and divorce in Maine?
A legal separation allows spouses to live apart and have the court address issues like property division, custody, and support — without formally ending the marriage. Some couples choose legal separation for religious reasons or to maintain insurance benefits. An attorney can help you determine which option makes more sense for your situation.
Can I change my name as part of my Maine divorce?
Yes. You can request a legal name change as part of your divorce proceedings, and the court can include the name change in your Final Judgment of Divorce at no additional cost.
Ready to Take the Next Step?
Navigating a divorce is one of the most difficult things you will ever do. You do not have to do it alone. At Dirigo Divorce, we guide clients through every step of the Maine divorce process — from the initial filing to the final judgment — with clarity, compassion, and experienced legal counsel.
We serve clients throughout York County and southern Maine, including Springvale, Sanford, Kennebunk, Biddeford, Saco, and surrounding communities. We are also licensed in New Hampshire and serve clients across the NH Seacoast region.Call us at (207) 200-3231 or visit dirigo-divorce.com to schedule your 1/2 hour consultation today.