Divorce in Maine: Laws, Process, and What You Need to Know (2026)

Introduction

Maine takes a relatively streamlined approach to divorce, and uncontested cases can often be resolved without a court hearing. The state uses equitable distribution and has adopted a modern, no-fault-forward approach while still allowing fault grounds.

Maine is an equitable distribution state for property division purposes. For an overview of how this system works, see our guide to property division. Understanding how Maine handles divorce can help you prepare for what lies ahead and make informed decisions about your future.

Residency Requirements

To file for divorce in Maine, you must meet the state's residency requirements: 6 months residency; or if married in Maine, can file if either party resides there. This means at least one spouse must have lived in Maine for the required period before the court will accept a divorce filing. You will typically file in the county where either spouse resides.

Grounds for Divorce

Maine allows both no-fault and fault grounds for divorce. No-fault: irreconcilable marital differences. Fault grounds include adultery, cruel treatment, desertion, substance abuse, and non-support. While most divorces proceed on no-fault grounds, filing on fault grounds can sometimes affect alimony or property division outcomes.

Property Division

Maine follows the equitable distribution approach to dividing property in a divorce. Under this system, the court divides marital property fairly, though not necessarily equally. The judge considers factors like each spouse's economic circumstances, contributions to the marriage (including homemaking), the duration of the marriage, and any dissipation of assets.

Property that either spouse owned before the marriage, as well as gifts and inheritances received individually, is generally considered separate property and is not subject to division. However, if separate property has been commingled with marital assets, it may lose its separate character.

Alimony and Spousal Support

The court considers several factors when determining alimony in Maine:

Length of marriage
Earning capacity
Age and health
Standard of living
Contributions to marriage
Economic misconduct

In Maine, the types of alimony available include general support, transitional support, reimbursement support, and nominal support. Courts may award interim support during proceedings.

For a comprehensive overview of alimony types and negotiation strategies, see our alimony and spousal support guide. The duration and amount of alimony depend heavily on the length of the marriage and the financial circumstances of both parties. Short-term marriages are less likely to result in long-term alimony awards.

Child Support

Maine uses the Income Shares model for calculating child support, based on combined gross income of both parents.

See our child support guide for a detailed explanation of calculation models and modification rules. Either parent can request a modification of child support if there is a substantial change in circumstances, such as a significant change in income, job loss, or a change in the child's needs.

Child Custody

Maine courts determine custody based on the best interests of the child standard. The court evaluates a range of factors including each parent's relationship with the child, the child's adjustment to home and community, the mental and physical health of all parties, and the willingness of each parent to foster a relationship between the child and the other parent.

Most states, including Maine, recognize both legal custody (decision-making authority regarding education, healthcare, and welfare) and physical custody (where the child lives). Both types can be awarded jointly or solely to one parent.

Mediation

Mediation is required in Maine before a divorce case can proceed to trial.

Filing Fees and Costs

Filing fees for divorce in Maine typically range from $120-$200, though exact amounts vary by county. Additional costs may include:

Attorney fees (if you hire a lawyer)
Mediation or alternative dispute resolution fees
Process server or publication fees
Costs for financial experts or appraisers (in complex asset cases)
Court-mandated parenting class fees (if children are involved)

Uncontested divorces are generally significantly less expensive than contested cases.

Key Considerations

Waiting period: 60 days after service

If you and your spouse can agree on the major issues, including property division, support, and custody, an uncontested divorce will save you significant time and money. Even in contested cases, exploring mediation or collaborative divorce may lead to a better outcome than a courtroom battle.

Frequently Asked Questions About Maine Divorce

Is Maine a community property state?

No, Maine is not a community property state. Maine follows the equitable distribution model, meaning the court divides marital property in a way that is fair and just, though not necessarily equal. The judge considers factors such as each spouse's contributions to the marriage, economic circumstances, the length of the marriage, and future needs when determining how to divide assets and debts.

How is property divided in a Maine divorce?

Maine courts divide marital property using equitable distribution principles. The court considers each spouse's economic circumstances, contributions to the marriage (including homemaking and child-rearing), the duration of the marriage, and any dissipation of assets. Separate property, such as assets owned before the marriage or received as individual gifts or inheritances, generally remains with the original owner unless it has been commingled with marital assets.

How long does a divorce take in Maine?

Maine has a mandatory 60-day waiting period after the respondent is served before a divorce can be finalized. Uncontested divorces where both parties agree on all issues can often be completed in two to four months, and Maine allows some uncontested cases to be resolved without a court hearing. Contested divorces typically take six months to over a year, depending on the complexity of issues and whether mediation resolves disputes.

Can I get alimony in Maine?

Yes, Maine courts can award spousal support in several forms: general support, transitional support, reimbursement support, and nominal support. The court considers factors including the length of the marriage, each spouse's earning capacity, age and health, standard of living during the marriage, contributions to the marriage, and any economic misconduct. Transitional support helps a spouse become self-sufficient, while general support addresses longer-term needs.

What are the grounds for divorce in Maine?

Maine allows both no-fault and fault-based grounds for divorce. The no-fault ground is irreconcilable marital differences. Fault grounds include adultery, cruel and abusive treatment, desertion for three consecutive years, habitual substance abuse, and non-support. Most divorces in Maine are filed on the no-fault ground, as it simplifies the process and avoids the need to prove wrongdoing.

What are the residency requirements for divorce in Maine?

To file for divorce in Maine, at least one spouse must have been a resident of the state for at least six months prior to filing. However, if the couple was married in Maine, either spouse can file in Maine regardless of how long they have resided there, provided at least one party still lives in the state. The divorce is filed in the district court of the county where either spouse resides.

How much does a divorce cost in Maine?

Filing fees for a Maine divorce typically range from $120 to $200, depending on the county. An uncontested divorce handled without attorneys can cost under $500. Contested divorces with attorney representation generally cost $5,000 to $15,000 or more per spouse. Because Maine requires mediation before trial, mediation fees (typically $100 to $250 per hour) are an additional cost to plan for.

Is mediation required for divorce in Maine?

Yes, Maine requires mediation before a contested divorce case can proceed to trial. Both parties must participate in mediation to attempt to resolve disputed issues such as property division, spousal support, and child custody. Maine's mediation requirement is designed to encourage cooperative resolution and reduce the burden on the court system. Many couples find that mediation leads to faster, less expensive, and more satisfactory outcomes than litigation.

Organize Your Maine Divorce

Divorce Navigator helps you gather financial documents, model settlement scenarios, and prepare for attorney consultations — designed for Maine's equitable distribution rules.

Get started for free ->