Maine
Maine Divorce Laws (2026): Grounds, Residency, and Process
To get divorced in Maine, either spouse can cite irreconcilable marital differences as the no-fault ground, with no separation period required. The filing spouse must meet Maine's residency requirement, and the case is heard in District Court. Fault-based grounds remain available but are rarely used.
Grounds for divorce in Maine
Maine recognizes both no-fault and fault-based grounds for divorce under 19-A M.R.S. 902. The no-fault ground is irreconcilable marital differences, and it requires no period of separation before filing. Either spouse may allege this ground without the other's agreement.
Fault grounds are still available under Maine law and include adultery, cruel and abusive treatment, desertion for three consecutive years, habitual intoxication or drug use, nonsupport where the defendant has the means to provide, and impotence at the time of marriage. In practice, the vast majority of Maine divorces proceed on the no-fault irreconcilable differences ground because it is simpler and avoids the need to prove the other spouse's conduct.
Maine does not have covenant marriage and does not require any special process for unilateral no-fault divorce. One spouse's assertion of irreconcilable differences is legally sufficient to begin the proceeding.
Residency requirement
Maine's residency rules are more flexible than many states. Under 19-A M.R.S. 901, you can file in Maine if any of these conditions is met: you have been a Maine resident for at least six months before filing; you are currently a Maine resident and the parties were married in Maine; you are currently a Maine resident and the cause of divorce arose in Maine; or the defendant (your spouse) is a Maine resident at the time of filing.
If none of these applies, you may need to file in the state where you or your spouse currently resides. Divorce cases in Maine are handled by the District Court. Filing in the correct county matters, as Maine distributes its District Courts by county and regional divisions.
Waiting period and separation
These two concepts are often confused, and Maine's rules are straightforward. There is no separation requirement in Maine for the irreconcilable differences ground. You do not have to live apart from your spouse before filing, and you can even file while living under the same roof.
The waiting period in Maine is a minimum of 60 days between the filing of all the necessary divorce paperwork and the final hearing, per the Maine Judicial Branch. This is a cooling-off period that runs after you file, not a requirement that must be met before you file. In practice, contested divorces take considerably longer than 60 days once you account for discovery, financial disclosures, and scheduling. Uncontested cases where the parties have resolved all issues can move more quickly after the 60-day window closes.
Maine does not impose a separate mandatory separation period on top of this 60-day wait. Once the waiting period has run and all issues are resolved or tried, the court can enter the final divorce decree.
How property is divided
Maine is an equitable distribution state, not a community property state. Only nine states use community property (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin). Maine follows the approach used by the majority of states, where the court divides marital property in a way that is fair but not necessarily a 50/50 split.
Marital property generally includes assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title. Separate property, such as assets one spouse owned before the marriage or received as a gift or inheritance during the marriage, is typically not subject to division, though commingling can complicate that analysis.
Maine courts weigh factors like the length of the marriage, each spouse's contribution to the marital estate (including homemaking), each party's economic circumstances, and any dissipation of marital assets. There is no fixed formula; the judge has discretion to fashion a fair result based on the specific facts of the case.
Alimony, custody, and child support
Alimony (called spousal support in Maine) can be awarded in a divorce case. Maine courts consider the length of the marriage, each spouse's earning capacity, and other relevant factors. For a full breakdown of how Maine calculates and awards spousal support, see the Maine alimony laws page.
Child custody and parental rights are determined separately but are typically resolved as part of the divorce proceeding. Maine courts use a best-interests-of-the-child standard and can award various forms of parental rights and responsibilities. See the Maine child custody laws page for details.
Child support in Maine follows the Maine Child Support Guidelines, which use an income-shares model. Courts can order support as part of the divorce. Estimate your payment with our Maine child support calculator.
How to file for divorce in Maine
Filing for divorce in Maine involves several steps. First, confirm you meet one of the residency or venue bases under 19-A M.R.S. 901. Next, prepare and file a Complaint for Divorce in the District Court for the county where you or your spouse resides. Maine's court system provides self-help resources and standardized forms through the Maine Judicial Branch website.
After filing, you must serve a copy of the complaint and summons on your spouse, typically through a sheriff or a process server. The 60-day waiting period runs from the date you filed the complaint, not from the date of service. Your spouse then has the opportunity to file an answer.
Both parties are generally required to exchange financial disclosures, including statements of income, assets, and debts. If you have minor children, you will also need a parenting plan. If the case is uncontested, meaning both parties have agreed on all issues including property, support, and parenting, the court can schedule a brief hearing after the 60-day period. If it is contested, the case may proceed through mediation or a full trial. At the conclusion, the judge enters a Final Judgment of Divorce, which is the legal decree dissolving the marriage.
This article is general legal information, not legal advice. Divorce law varies by state and depends on the specific facts of your marriage. For advice about your situation, consult a licensed family-law attorney in Maine.
For a full overview of how divorce law works across all 50 states, visit the Divorce Laws hub. You may also want to review Maine alimony laws and Maine child custody laws for related topics that are often decided in the same proceeding.
More Maine Laws
Frequently Asked Questions
How long does it take to get a divorce in Maine?
Maine requires a minimum 60-day waiting period between the filing of all the necessary divorce paperwork and the final hearing. Uncontested divorces where both parties agree on all issues can often be finalized shortly after that window. Contested cases involving disputes over property, alimony, or custody typically take several months to over a year, depending on the complexity and the court's schedule.
How much does a divorce cost in Maine?
The filing fee for a Complaint for Divorce in Maine District Court varies by county and case type; check the Maine Judicial Branch fee schedule for the current amount. On top of filing fees, you may pay for service of process, attorney fees (which vary widely by case complexity), and mediation if required. Uncontested divorces handled with the help of Maine's court self-help resources tend to cost less overall.
Do I need a reason to get divorced in Maine?
No. Maine allows divorce on the no-fault ground of irreconcilable marital differences. You do not need to prove that your spouse did anything wrong. Simply stating that the marriage has broken down due to irreconcilable differences is legally sufficient.
Is Maine a community property state?
No. Maine is an equitable distribution state. Marital property is divided fairly by the court, but that does not mean an automatic 50/50 split. The judge considers each spouse's contributions, financial circumstances, and other relevant factors when dividing property.
How long do I have to be separated to get divorced in Maine?
Maine does not require any period of separation to file for divorce on the irreconcilable differences ground. You can file immediately without having lived apart. The only time-based requirement is a minimum 60-day waiting period between filing all the necessary paperwork and the final hearing.
Can I get divorced without my spouse agreeing?
Yes. Maine allows one spouse to file for divorce on the ground of irreconcilable marital differences without the other spouse's consent. If your spouse does not respond to the complaint, the court may grant a default divorce. If they contest the grounds or the terms, the case proceeds through the contested divorce process.
Do I have to live in Maine to file for divorce there?
Not in every situation. Maine allows filing if you have been a resident for 6 months, but also if you are currently a Maine resident and were married in Maine, you are currently a Maine resident and the cause of divorce arose in Maine, or your spouse is currently a Maine resident. If none of those apply, you would generally need to file in the state where you or your spouse now lives.
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Updates
Corrected Maine's residency rules to reflect that the marriage-in-Maine and cause-arose-in-Maine filing bases each also require current Maine residency (19-A M.R.S. 901), and corrected the 60-day divorce waiting period to run from filing (not from service on the defendant), per the Maine Judicial Branch's official guidance.
Governing law re-checked for recent changes
The Law Behind This Article
This article rests on 2 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
Maine Revised Statutes, Title 19-A: DOMESTIC RELATIONS, Part 2: MARRIED PERSONS, Chapter 29: DIVORCE
§ 901Action for divorce; proceduresIn forcecited in 2 of our articles
1. Filing of complaint; grounds. A person seeking a divorce may file a complaint for divorce in the District Court if: A. The plaintiff has resided in good faith in this State for 6 months prior to the commencement of the action; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] B. The plaintiff is a resident of this State and the parties were married in this State; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] C. The plaintiff is a resident of this State and the parties resided in this State when the cause of divorce accrued; or [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] D. The defendant is a resident of this State. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] The complaint must state one or more grounds listed in section 902, subsection 1. 2. Guardian ad litem. If the alleged cause is that one of the parties is an incapacitated person, as provided in section 902, subsection 1, paragraph J, the court shall appoint a guardian ad litem to represent the interests of the incapacitated person. 3. Exclusion of public.
Official text (excerpt) · as of 2026-07-30 · Read the full section at legislature.maine.gov
Cited in 9 court opinionsMost recently applied by a court: 2026
Leading cases: Gutierrez v. Gutierrez (Supreme Judicial Court of Maine 2007, 921 A.2d 153) · Shelly R. Higgins v. Todd A. Wood (Supreme Judicial Court of Maine 2018, 189 A.3d 724) · Von Schack v. Von Schack (Supreme Judicial Court of Maine 2006, 893 A.2d 1004)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage in Maine: Is It Recognized? (2026)
§ 902Grounds; defensesIn force
1. Grounds. A divorce may be granted for one of the following causes: A. Adultery; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] B. Impotence; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] C. Extreme cruelty; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] D. Utter desertion continued for 3 consecutive years prior to the commencement of the action; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] E. Gross and confirmed habits of intoxication from the use of liquor or drugs; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] F. Nonsupport, when one spouse has sufficient ability to provide for the other spouse and grossly, wantonly or cruelly refuses or neglects to provide suitable maintenance for the complaining spouse; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] G. Cruel and abusive treatment; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] H. Irreconcilable marital differences; or [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] I. [PL 2005, c. 594, §2 (RP).] J.
Official text (excerpt) · as of 2026-07-30 · Read the full section at legislature.maine.gov
Cited in 12 court opinionsMost recently applied by a court: 2026
Leading cases: Pennings v. Pennings (Supreme Judicial Court of Maine 2002, 786 A.2d 622) · Warner v. Warner (Supreme Judicial Court of Maine 2002, 807 A.2d 607) · Marie J. (Marchiori) Eremita v. Cristiano A. Marchiori (Supreme Judicial Court of Maine 2016, 150 A.3d 336)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- 19-A M.R.S. Section 902 - Grounds for Divorce(legislature.maine.gov).gov
- 19-A M.R.S. Section 901 - Jurisdiction and Venue(legislature.maine.gov).gov
- Maine Judicial Branch - Divorce Overview(courts.maine.gov).gov