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Filing for divorce in Maine

What you file, where you file, what it costs, and the rules that catch people out. Compiled from Maine court and statute sources.

How to read these entries.

This is general legal information compiled from state court websites, state statutes, and official self-help materials. It is not legal advice, and reading it does not create an attorney-client relationship with anyone.

Why we publish it. Most people meet the family law system once, at the worst moment of their life, knowing nothing about it. That gap is where people get overcharged and poorly served. This page exists so you can walk in already knowing roughly how your state works, ask sharper questions, and recognize when an answer does not sound right. It is here to help you hold your attorney to a standard, not to replace what they do.

Talk to a lawyer licensed in your state. That is the normal path, not a fallback for when something goes wrong. Nothing here can account for the facts of your marriage, your finances, or your children, and those facts are usually what determines the outcome. Many states also have free legal aid and court self-help centers, and we link to them by state.

Verify before you rely on anything. Every entry cites its source. Follow that citation to the official state site and confirm it still says what we say it says, and that it applies to your situation. Filing fees, form numbers, e-filing rules, and local standing orders change frequently, and a form number that was right last year can get your filing rejected today.

The same state can treat you very differently depending on whether your spouse agrees, whether you have minor children, whether you file jointly or alone, and which county or judge hears it. Waiting periods run from filing in some states and from service in others. Deadlines described here as fixed are the statutory default, and a judge may still have narrow discretion in an emergency.

If you are in danger, do not wait on any of these timelines. An order of protection is a separate and much faster process than a divorce, and it does not depend on any waiting period described on this page.

Your roadmap
What you file
FM-005 Divorce Complaint without children, or FM-004 with minor children
FM-002 Family Matter Summary Sheet
CV-CR-FM-PC-200 Social Security Number Confidential Disclosure
FM-038 Family Matter Summons and Preliminary Injunction, bought from the clerk for a small fee
CV-036 Acknowledgment of Receipt of Summons and Complaint, two copies
FM-043 Financial Statement, filed under seal, or FM-042 Certificate in Lieu of it
FM-050 Child Support Affidavit and FM-040 Worksheet, if you have children
CV-067 Application to Proceed Without Payment of Fees, with the CV-191 affidavit
Where you fileDistrict Court in the county where either spouse lives.
What it costs$120, plus $5 for the summons. Cases with children add a $160 mediation fee, $80 per party. Waivable.
The sequence
1. Download the packet from courts.maine.gov, but get form FM-038 in person from the clerk. It carries the clerk's original signature and seal and cannot be downloaded or copied.
2. File the complaint, summary sheet, and Social Security disclosure with the District Court and pay the fee.
3. Serve your spouse within 90 days, by acknowledgment, certified mail with restricted delivery, or sheriff. They have 21 days to respond.
4. File financial statements at least three business days before mediation, and child support worksheets at least three days before any support hearing.
5. If you have minor children and the case is contested, mediation is mandatory. If either of you owns real estate, file the FM-056 real estate certificate at least seven days before the final hearing.
6. Wait the 60 days from service, then attend the final hearing. The judgment becomes final 21 days later, or immediately if you both waive appeal.
Do not send the Social Security disclosure or the fee waiver forms to your spouse. If your spouse never appears, you must file a Federal Affidavit (FM-052) confirming they are not in the military.
Court forms

Maine uses statewide Family Division forms (the FM series). A divorce without children uses the Complaint for Divorce (FM-005) plus the Family Matter Summary Sheet (FM-002); with children you use FM-004. The filing fee is about $120, and you can ask the court to waive it with an Application to Proceed Without Payment of Fees if you cannot afford it.

Maine Judicial Branch: divorce and separationThe official hub for Maine divorce, linking every FM form and step-by-step instructions.
State rules and gotchas

The 60-day waiting period runs from service, not filing, and cannot be waived Verified Jul 2026

Maine cannot finalize your divorce until at least 60 days after your spouse is served with the papers, not 60 days from the day you file. The court has no power to shorten or waive this period, even if you both agree and have settled every issue.

Source: 19-A M.R.S. Section 901. Confirm the current rule with the court before relying on it.

Both spouses usually have to appear at a final hearing Verified Jul 2026

Unlike states that let you finish by affidavit or mail, Maine generally requires the parties to appear before a judge at a final hearing before the divorce judgment is signed, even in a fully agreed, uncontested case. Plan for a court date.

Source: Maine Judicial Branch, Divorce and Family Separation. Confirm with the court.

Maine is an equitable-distribution state, and the property split is permanent Verified Jul 2026

Marital property is divided fairly but not necessarily 50/50, and separate property (owned before the marriage or received by gift or inheritance) stays with its owner. Once the judgment divides property, that division generally cannot be reopened later, so getting it right the first time matters.

Source: 19-A M.R.S. Section 953. Confirm with the court.

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