Residency Requirements
In order to file for divorce in Maine one or both of the parties must either be a resident of Maine for six (6) months prior to filing the Complaint, be a current resident and the marriage took place in Maine, or be a resident of Maine and the grounds for divorce occurred in Maine.
Fill Out your Forms
When filing for a divorce you must file certain documents as required by the court. Most of the following forms are available through the following state-approved website.
The following forms should be completed and filed by anyone filing for no-fault divorce in Maine:
- Family Matter Summary Sheet
- Complaint for Divorce (with or without children)
- Family Matter Summons and Preliminary Injunction (provided by the Clerk's Office)
- Social Security Number Disclosure Form
- Proof of Service
Once the preceding forms are completed and filed, the Defendant must be served by Certified Mail or Sheriff. If the parties are cooperating and in agreement with the divorce, the Acknowledgment of Receipt form can be signed by the Defendant acknowledging receipt of the forms.
Couples with children must additionally complete a Child Support Affidavit.
If both parties agree to the terms of their divorce they should complete a Divorce Settlement Agreement. You can use Rocket Lawyer's easy interview process to complete this agreement, which outlines the terms of the division of property, assets and debts in your divorce. Completing this document will help you avoid the cost and time involved in going to trial but is contingent on the parties being in agreement. A Certificate Regarding Real Estate is only needed if the parties have property they wish to divide.
If the parties do no execute a Divorce Settlement Agreement and are not in agreement with the division of their assets and debts, they must complete a Financial Statement to inform the Court of their assets. If they have completed a Divorce Settlement Agreement, however, they can use a Certificate in Lieu of Financial Statement instead.
Make Copies of your Forms
Once you have filled out the appropriate forms, make at least two copies of each. One set will be filed with your Court Clerk's Office, and one should be kept for your records.
Bring your Completed Forms to your Court Clerk's Office and Pay the Fee
Proceed to your Court Clerk's Office with the originals and copies of your forms. If everything is in order, the Clerk will use the original forms and ask you to pay a fee to file. Additional forms will be required as the divorce proceeding works its way through the system. You will need to stay in touch with the County Clerk to ensure no deadlines are missed.
Completing your Divorce
The divorce will need to be scheduled for a hearing once the initial forms are filed. If the divorce is not contested the parties can ask for an uncontested divorce hearing. Mediation is required if the parties are not able to reach an agreement. If an agreement is not reached through mediation a Pre-Trial Conference must be held to determine the length of the court trial. If children are involved in the divorce a Case Management Conference is required unless the parties agree on temporary arrangements for the children. If the parents agree on temporary arrangement a Certificate in Lieu of Case Management Conference can be filed.
Additional Assistance
You can use Rocket Lawyer to Find a Lawyer in your area who can provide you with further assistance in completing your divorce.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.
