Divorce in Maine: Laws, Requirements, and Process
A complete guide to getting a divorce in Maine. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Equitable distribution.
- Residency requirement: 6 months in the state (or if married in Maine, one spouse must be a resident at filing).
- Waiting period: 60 days from filing.
- Filing fee: $120 - $175.
Grounds for Divorce
Maine allows no-fault divorce. The no-fault ground is: Irreconcilable marital differences.
Fault-Based Grounds
Maine also recognizes these fault-based grounds for divorce:
- Adultery
- Impotence
- Extreme cruelty
- Desertion for 3 consecutive years
- Habitual drunkenness
- Nonsupport (when able to provide support)
- Cruel and abusive treatment
- Confinement for incurable mental illness for 7 consecutive years
Residency Requirements
6 months in the state (or if married in Maine, one spouse must be a resident at filing).
Property Division
Maine is an equitable distribution state. Maine follows equitable distribution. Courts divide marital property fairly based on each spouse's contribution to the acquisition of marital property, the value of each party's property, the economic circumstances of each party, and the length of the marriage.
Alimony / Spousal Support
Maine courts may award spousal support (general support, transitional support, nominal support, or reimbursement support). Courts consider the length of the marriage, each party's ability to pay, the age and health of both spouses, and the standard of living during the marriage.
Child Custody
Maine courts determine custody based on the best interest of the child. Factors include the child's age, the child's relationship with each parent, the ability of each parent to cooperate, any history of domestic abuse, and the preference of the child if of suitable age.
Child Support
Maine uses the income shares model. Child support is calculated based on both parents' gross incomes, the number of children, and adjustments for health insurance, childcare, and the parenting time schedule.
Filing Fee
The filing fee for divorce in Maine is $120 - $175. Fee waivers may be available for those who cannot afford to pay.
Related Resources
Frequently Asked Questions
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What are the grounds for divorce in Maine?
Maine allows no-fault divorce based on irreconcilable marital differences. The state also recognizes fault-based grounds including adultery, impotence, extreme cruelty, desertion, habitual drunkenness, nonsupport, and incurable mental illness.
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How long do you have to live in Maine to file for divorce?
At least one spouse must have been a resident of Maine for at least 6 months prior to filing. If the couple was married in Maine, one spouse must simply be a resident at the time of filing.
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How is property divided in a Maine divorce?
Maine uses equitable distribution. Courts divide marital property fairly based on each party's contributions, the value of their property, the economic circumstances of each spouse, and the duration of the marriage.
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How long does a divorce take in Maine?
Maine has a 60-day waiting period from the date of filing. Uncontested divorces typically take approximately 2 to 4 months. Contested cases can take 6 months to over a year.