Frequently Asked Questions
Divorce
01. How long does the divorce process take in Maine?
In Maine, the shortest possible timeframe for a divorce is 60 days after filing, but most cases take 3–12 months depending on how complex they are and whether the parties agree on key issues. Contested divorces—especially those involving children or property disputes—often take longer due to court scheduling and negotiations.
02. What is the difference between a contested and uncontested divorce?
An uncontested divorce means both spouses agree on all major issues such as property division, spousal support, and parental rights and responsibilities. These cases typically move faster and are less expensive. A contested divorce occurs when the spouses cannot agree, and the court must hold hearings to make decisions.
03. Will I have to go to court, or can we settle everything outside of it?
Many Maine divorces are resolved outside of court through settlement discussions or mediation. However, at least one brief court appearance is required to finalize the divorce. If an agreement can’t be reached, a judge in the Maine District Court will make the final decisions after a hearing.
04. How much does it cost to file for divorce in Maine?
The filing fee for a divorce in Maine is generally around $120, though there may be additional costs for mediation, service of papers, or attorney representation. If you can’t afford the filing fee, you can request a fee waiver from the court.
05. Do I need a lawyer to get divorced in Maine?
You’re not required to have an attorney, but having one is often helpful—especially if your divorce involves property division, spousal support, or parental rights and responsibilities. A lawyer can guide you through paperwork, negotiations, and ensure your rights are protected.
06. What if my spouse doesn’t want to get divorced?
You can still proceed. In Maine, you can obtain a divorce even if your spouse doesn’t agree to it, as long as you meet the state’s filing requirements and grounds. If your spouse refuses to participate, the court can still grant the divorce by default.
07. What happens to our house during a divorce?
If the home is considered marital property, it’s subject to equitable division. The court may order it sold and proceeds divided, or one spouse may buy out the other’s interest. The outcome depends on contributions, financial circumstances, and what’s most practical for both parties.
08. Can I change my last name during the divorce process?
Yes. When your divorce is finalized, you can ask the court to restore your former name as part of the divorce decree. It’s a simple request included in your final paperwork.
09. What if my spouse lives out of state?
You can still file for divorce in Maine as long as you meet the residency requirements. The court can grant the divorce, but there may be limits on what it can decide—such as property or support—if your spouse doesn’t have sufficient ties to Maine.
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