Where to File
Be sure that Maine has jurisdiction for your divorce
You can pusue a divorce in Maine by filing complaint for divorce in the District Court if:
A. Yo have resided in good faith in Maine for 6 months prior to the commencement of the action;
B. You are a resident of Maine and were married in Maine;
C. You are a resident of Maine and the parties resided in Maine when the cause of divorce accrued; or
D. Your spouse is a resident of Maine. The divorce may be filed in either county in which the parties reside.
If you have minor children who have lived with your spouse in another state for more than six months, it may be to your advantage to file in that state, since its courts will have the power to decide what happens to the children. Note: Your spouse has the option to waive that jurisdiction, which must be done properly, in writing.
With the exception of an option for residents living overseas, you must file your divorce in the county in which you presently live, or in the county where your spouse resides, if different. You or your spouse must have a residence within the county (in Maine) in which you file for your divorce. If you live overseas, you can file in Maine if you have maintained your residency in Maine.
Military personnel on active duty--or their spouses--can file for divorce in Maine provided they have been stationed in the state for six months or were residents of the state upon entering active duty.
Our staff is highly knowledgeable about special military requirements and the details of Soldiers and Sailors Civil Relief Act.
Grounds For Divorce
NO-FAULT or FAULT ?
The ground constituting a no-fault for divorce in Maine is: Irreconcilable marital differences.
Here is a list of the fault grounds are available for filing a divorce in Maine:
3. Extreme cruelty;
4. Utter desertion for at least 3 years;
5. Habitual drug or alcohol use;
6. 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;
7. Cruel and abusive behavior of one spouse to another;
8. Mental illness medical attention for at least 7 years.
Waiting Periods refer to the time that a court requires to pass from the time the divorce is filed and the time that your divorce decree becomes final.
The law in Maine stipulates that no Complaint for Divorce shall be heard by the Court until after sixty days have passed from the date your spouse was served with the divorce complaint. If your spouse signs the Maine "Answer and Waiver..." immediately after you file the complaint then your divorce can be completed in as few as 60 days.