How Divorce Works in Maine, Step by Step

Divorce is one of the hardest things people go through, and not knowing what comes next makes it harder. Here’s a plain walk-through of how divorce works in Maine, so you know what to expect.

Who can file in Maine

You can file for divorce in Maine if you’ve lived here for at least six months, or if you were married here, or if the reasons for the divorce happened here while you lived in Maine. Most people file on the ground of irreconcilable differences, which simply means the marriage isn’t working.

For Bangor and Brewer families, cases are heard at the Bangor District Court in the Penobscot Judicial Center.

Step 1: Filing and service

One spouse files a complaint for divorce and has it served on the other. If the two of you agree on everything, the process can be fairly simple. If not, the other spouse files a response and the case moves forward.

Maine requires at least 60 days after the papers are served before a judge can grant the divorce. Most divorces take longer than that, but that’s the minimum.

Step 2: Financial disclosure

Both spouses have to share financial information: income, accounts, debts, and property. This is the foundation for everything that follows, so it pays to be organized. Start gathering tax returns, pay stubs, bank and retirement statements, and loan balances early.

Step 3: Mediation

If you have children and disagree about anything, Maine generally requires mediation before a contested hearing. A neutral mediator helps you and your spouse try to reach agreement. Many cases settle here, and agreements you reach yourselves tend to hold up better than ones imposed by a judge.

The big issues

Custody. Maine uses the terms parental rights and responsibilities. Usually both parents share the big decisions, like school, health care, and religion, even if the children live mostly with one parent. The court’s focus is always the children’s best interest. Parents are often asked to complete a short parenting education program.

Child support. Support is calculated using Maine’s guidelines, based on both parents’ incomes and the number of children, along with child care and health insurance costs.

Property. Maine divides marital property fairly, which isn’t always the same as equally. Property you owned before the marriage, or received as a gift or inheritance, may be treated as yours alone.

Spousal support. Alimony isn’t automatic. The court looks at things like the length of the marriage, each spouse’s earning ability, and contributions to the household.

Tips that make it easier

• Keep the kids out of the conflict, and don’t use them as messengers
• Don’t move money around or run up joint debt
• Put agreements in writing, even temporary ones
• Think twice before posting anything about the divorce online

Why a local lawyer helps

Every court has its own pace and habits. We’ve represented Bangor-area families in divorce for decades, and we know how cases tend to move in Penobscot County. We’ll help you negotiate where you can and stand firm where you need to.

Call Gray & Palmer at (207) 945-5502, or read more about our family law practice and custody and support work.