Start with Me. Rev. Stat. Ann. tit. 19-A, §§ 901 to 953. In Maine, At least one party must have resided in Maine for 6 months before filing. Grounds: No-fault irreconcilable differences are available alongside fault grounds (adultery, cruelty, desertion, and others). Property: equitable distribution. Maine is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable. That is the question this guide answers for how to file for divorce. Waiting period: No lengthy mandatory cooling-off beyond ordinary District Court / Superior Court caseflow; uncontested divorces can finalize after service and financial disclosures. File in District Court (or Superior Court in limited postures) in the county of residence.
Residency and where to file
At least one party must have resided in Maine for 6 months before filing. File in the District Court (or Superior Court in limited postures) in the county of residence. Wrong venue or missing residency can delay service, temporary orders, and the final decree — confirm the county clerk’s checklist before you pay the filing fee.
Grounds for divorce in Maine
No-fault irreconcilable differences are available alongside fault grounds (adultery, cruelty, desertion, and others).
Even in no-fault states, fault allegations can still affect temporary support, attorney’s fees, or credibility disputes. Read the live statute text on LawDiver and pair it with the LawDiver search rail scoped to Maine.
How the Maine rule applies
Apply the Maine authorities in order. The facts are simplified so the statute and the standard are visible.
A spouse wants to file for divorce in Maine and is unsure about residency, grounds, and property.
- Confirm residency: At least one party must have resided in Maine for 6 months before filing.
- Plead grounds Maine recognizes: No-fault irreconcilable differences are available alongside fault grounds (adultery, cruelty, desertion, and others).
- Expect property division under equitable distribution: Maine is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable.
- Plan the timeline: No lengthy mandatory cooling-off beyond ordinary District Court / Superior Court caseflow; uncontested divorces can finalize after service and financial disclosures. A complaint for divorce is filed with a family-matters summary sheet. Mediation is often required. Contested property is divided equitably. The judgment dissolves the marriage and addresses support and parental rights.
Maine Judicial Branch family forms and Pine Tree Legal Assistance help with uncontested filings.
Property division: equitable distribution
Maine is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable.
Retirement accounts, closely held businesses, and marital homes often need valuations and Qualified Domestic Relations Orders (QDROs). Do not assume an informal split of bank accounts finishes the case.
Waiting periods and timelines
No lengthy mandatory cooling-off beyond ordinary District Court / Superior Court caseflow; uncontested divorces can finalize after service and financial disclosures.
The typical Maine divorce process
A complaint for divorce is filed with a family-matters summary sheet. Mediation is often required. Contested property is divided equitably. The judgment dissolves the marriage and addresses support and parental rights.
Self-help and when to hire counsel
Maine Judicial Branch family forms and Pine Tree Legal Assistance help with uncontested filings.
Related Maine guides
Case law: divorce in Maine
Marie B. HENRIKSEN v. John Malcolm CAMERON — Glassman, J., dissenting
Marie B. HENRIKSEN v. John Malcolm CAMERON — Glassman, J., dissenting, 1993 Me. LEXIS 44 (1993)
…decision could have been litigated in the prior action for divorce. Contrary to Hen-riksen’s contention, the application of the doctrine of res judicata would not unfairly deprive her of a remedy in contravention of Art. I, § 19 of the Maine Constitution, which states: “Every person, for an injury inflicted on the person ... shall have remedy by due course of law....” The Cour…
On divorce, Marie B. HENRIKSEN v. John Malcolm CAMERON — Glassman, J., dissenting speaks to the Maine dispute in this passage: "Contrary to Hen-riksen’s contention, the application of the doctrine of res judicata would not unfairly deprive her of a remedy in contravention of Art. I, § 19 of the Maine Constitution, which states: “Every person, for an injury inflicted on the person ..." The surrounding opinion shows how the court applied that language to the record.
Wallace K. CARTER v. Eleanor Mary CARTER
Wallace K. CARTER v. Eleanor Mary CARTER, 1980 Me. LEXIS 659 (1980)
…n of the “Ponderosa” was made in connection with entry of a divorce judgment on the grounds of irreconcilable differences. The plaintiff contends on this appeal that the District Court incorrectly found the facts and applied the law in making a determination that the wife’s interest in the joint-tenancy property conveyed to her by her husband was non-marital property to be “set…
On divorce, Wallace K. CARTER v. Eleanor Mary CARTER speaks to the Maine dispute in this passage: "Ponderosa” was made in connection with entry of a divorce judgment on the grounds of irreconcilable differences." The surrounding opinion shows how the court applied that language to the record.
William ZILLERT v. Lydia ZILLERT
William ZILLERT v. Lydia ZILLERT, 1978 Me. LEXIS 1048 (1978)
…judicial disposition of property owned by the parties to a divorce. The Plaintiff, William Zillert, appeals from that part of the judgment of the Superior Court in Oxford County, which ruled that certain real estate held in joint tenancy by the parties was not “marital property” within § 722-A, and which “set apart” the parties’ interests in that property by having it remain i…
On divorce, William ZILLERT v. Lydia ZILLERT speaks to the Maine dispute in this passage: "judicial disposition of property owned by the parties to a divorce. The Plaintiff, William Zillert, appeals from that part of the judgment of the Superior Court in Oxford County, which ruled that certain real estate held in joint tenancy by the parties was not “marital property”" The surrounding opinion shows how the court applied that language to the record.
Henry P. FOURNIER v. Berthe C. FOURNIER
Henry P. FOURNIER v. Berthe C. FOURNIER, 1977 Me. LEXIS 337 (1977)
…a decision of the Superior Court which granted plaintiff a divorce and subsequently ordered a distribution of the parties’ marital property pursuant to 19 M.R.S.A. § 722-A enacted by P.L.1971, ch. 399, § 2 (effective January 1, 1972). The defendant challenges the validity of § 722-A on the grounds that (1) as applied to property acquired prior to the effective date of the stat…
On divorce, Henry P. FOURNIER v. Berthe C. FOURNIER speaks to the Maine dispute in this passage: "Superior Court which granted plaintiff a divorce and subsequently ordered a distribution of the parties’ marital property pursuant to 19 M.R.S.A. § 722-A enacted by P.L.1971, ch. 399, § 2 (effective January 1, 1972)." The surrounding opinion shows how the court applied that language to the record.
Henrietta C. Adams versus Courtland Palmer Same versus Joseph M. Hodgkins Same versus Michael Schwartz
…an Act of the Legislature of this State, Franklin Adams was divorced from Mary Adams, then his wife. On the 18th Aug., 1846, he was married to the demandant. The validity of this marriage depends on the constitutional authority of the Legislature to grant a divorce. (1.) The power of the British Parliament to grant divorces is unquestioned. The Legislature of this, and of most…
Maine opinions such as Henrietta C. Adams versus Courtland Palmer Same versus Joseph M. Hodgkins Same versus Michael Schwartz are cited where divorce is disputed. The court stated: "Act of the Legislature of this State, Franklin Adams was divorced from Mary Adams, then his wife. On the 18th Aug., 1846, he was married to the demandant. The validity of this marriage depends on the constitutional authority of the Legislature to grant a divorce. (1." That is the language to brief; the rest of the decision supplies the procedural posture.
Richard G. SALENIUS v. Karen E. SALENIUS — Dana, J., dissenting
Richard G. SALENIUS v. Karen E. SALENIUS — Dana, J., dissenting, 654 A.2d 426 (1995)
…medy that Karen seeks. She does not seek to change the 1988 divorce judgment. She seeks a judicial division of marital property not divided by that judgment. I would find that Title 19 M.R.S.A. § 722-A(6) (Supp.1994) authorizes her motion notwithstanding the fact that the statute took effect after her divorce judgment became final. Marital property remains marital property even…
Richard G. SALENIUS v. Karen E. SALENIUS — Dana, J., dissenting is worth reading on Maine divorce because the court put the point in its own words: "Karen seeks. She does not seek to change the 1988 divorce judgment. She seeks a judicial division of marital property not divided by that judgment. I would find that Title 19 M.R.S.A. § 722-A(6) (Supp." Use that passage as the starting point, then read the facts that precede it.
Barbara PLOURDE v. Laurier PLOURDE, Et Al.
Barbara PLOURDE v. Laurier PLOURDE, Et Al., 1996 Me. LEXIS 156 (1996)
…fifty percent of the business. In 1991, Laurier filed for a divorce from Barbara. During this period, the business had financial difficulties and eventually filed a petition in bankruptcy. 1 As part of the order pending divorce, Laurier was ordered to pay Barbara $750 per week in temporary support. 2 This action arises out of Barbara’s *1034 contention that Laurier fraudulently…
Barbara PLOURDE v. Laurier PLOURDE, Et Al. is worth reading on Maine divorce because the court put the point in its own words: "In 1991, Laurier filed for a divorce from Barbara. During this period, the business had financial difficulties and eventually filed a petition in bankruptcy. 1 As part of the order pending divorce, Laurier was ordered to pay Barbara $750 per week in temporary support." Use that passage as the starting point, then read the facts that precede it.
Key takeaways
- Residency: At least one party must have resided in Maine for 6 months before filing.
- Grounds: No-fault irreconcilable differences are available alongside fault grounds (adultery, cruelty, desertion, and others).
- Property: equitable distribution — Maine is an equitable-distribution state.
- Waiting period: No lengthy mandatory cooling-off beyond ordinary District Court / Superior Court caseflow; uncontested divorces can finalize after service and financial disclosures.
- Filing forum: District Court (or Superior Court in limited postures) in the county of residence.
- Primary authority: Me. Rev. Stat. Ann. tit. 19-A, §§ 901 to 953.
Frequently asked questions
How long do I have to live in Maine before filing for divorce?
At least one party must have resided in Maine for 6 months before filing.
Is Maine a community-property state?
Maine follows equitable distribution. Maine is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable.
Do I need a lawyer to get divorced in Maine?
Maine Judicial Branch family forms and Pine Tree Legal Assistance help with uncontested filings.
What happens to child custody in a Maine divorce?
Custody and parenting time are decided under Maine’s best-interests framework. See child custody and parenting time in Maine.
This guide covers Maine law as of 2026. Statutes and local rules change — verify the live text on LawDiver before filing.