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Uncontested Divorce in Maine

Requirements for an Uncontested Divorce in Maine

To qualify for an uncontested divorce (called “dissolution of marriage”) in Maine, the following must apply:
 

  1. Residency: 
    You can file for divorce in Maine if one of the following applies:

    • You or your spouse have lived in Maine for at least 6 months, OR

    • You are a resident of Maine and were married in the state, OR

    • You are a resident and lived in Maine when the grounds for divorce occurred, OR

    • Your spouse is a resident of Maine.
       

  2. Grounds for Divorce 

    • Maine is a no-fault divorce state.

    • You only need to state that there are “irreconcilable marital differences.”
       

  3. Mutual Agreement:

    To qualify as uncontested, both spouses must agree on:

    • Division of assets and debts

    • Spousal support (alimony)

    • Child custody, visitation, and support (if applicable)

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Steps to File for an Uncontested Divorce:

  1. Complete the Required Forms

Main forms include:

  • Family Matter Summons and Preliminary Injunction (FM-038)

  • Complaint for Divorce (FM-004)

  • Confidential Family Matter Summary Sheet (FM-002)

  • Child Support Affidavit (if applicable)

  • Child Support Worksheet

  • Settlement Agreement

  • Certificate Regarding Real Estate (if applicable)

  • Proposed Decree of Divorce
     

Download forms from the Maine Judicial Branch website.
 

2. File with the Court

  • File your forms with the District Court in the county where either you or your spouse lives.

  • Pay the filing fee, usually $120–$150.

  • You may apply for a fee waiver by filing an Application to Proceed Without Payment (CV-067).



3. Serve Your Spouse

  • If both spouses file together, this step is skipped.
    If not, the other spouse must be formally served with divorce papers or sign an Acknowledgment of Service.


4. Wait 60 Days

  • Maine requires a minimum 60-day waiting period after the complaint is served before the divorce can be finalized.

5. Court Hearing

  • A short final hearing is required, even in uncontested cases.

  • Bring your signed Settlement Agreement and any child-related forms.
     

6. Final Decree

  • If everything is in order, the judge will issue a Final Decree of Divorce, finalizing the process.

Cost Considerations

  • Filing Fee: $120 - $150
     

  • Service Fee: $30–$50 (if needed)
     

  • Attorney Flat Fee: $500–$1,000 for uncontested divorces
     

  • Online Divorce Services: $150–$300
     

  • Fee Waiver: File CV-067 if eligible

Important Considerations

  • With Children:

    • You must file a Parenting Plan, Child Support Worksheet, and Affidavits of Income

    • The court must find your plan to be in the best interest of the child

    • Some counties require a Parenting Class

  • Property Division:

    • Maine is an equitable distribution state — property is divided fairly, but not necessarily 50/50

  • Legal Review Suggested:

    • Even in an uncontested divorce, it’s smart to have a lawyer review your agreement—especially if children or major assets are involved

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