How to File for Uncontested Divorce in Maine

by Futurescopes Research Team

Filing for divorce is never simple, but seeking an uncontested divorce could make the process easier and faster for you and your spouse. In an uncontested divorce proceeding, the spouses seeking a divorce must agree on all of the issues in the divorce. Where the spouses agree, the court will fast-track the divorce approval process, which can make seeking a divorce easy and less stressful.

This article will explain the nature of an uncontested divorce and Maine uncontested divorce law. If you still have any questions after reading this article or would like to file for an uncontested divorce, you should consult with an experienced divorce attorney.

TIP: Click here for the complete guide to filing for uncontested divorce.

Uncontested Divorce in Maine Defined

Unlike many states, Maine does not have a specific procedure for granting uncontested divorce. However, that does not mean that uncontested divorce is unavailable in Maine. An expedited uncontested divorce can be obtained in Maine by the agreement of the spouses on the terms of their divorce.

An uncontested divorce is essentially an agreement between the spouses on the terms of their divorce. In a contested divorce, the judge must make a ruling on all of the various contested issues after hearing evidence. When a divorce is uncontested, however, the spouses will normally present the judge with a written settlement agreement suggesting terms for the divorce. If the judge believes that the agreement is fair, the judge will approve the settlement without hearing additional evidence or argument.

Requirements for Seeking a Maine Uncontested Divorce

To file for uncontested divorce in Maine, the filing spouses must meet certain requirements. Any questions about these requirements can be answered by an experienced Maine divorce attorney or family lawyer.

The first requirement to filing for an uncontested divorce in Maine is the state divorce residency requirement. To satisfy residency, either (1) the filing spouse must have resided in Maine for at least six months prior to filing, (2) the filing spouse must reside in Maine and the marriage must have been created in Maine, (3) the filing spouse must reside in Maine and the grounds for divorce accrued in Maine, or (4) the non-filing spouse must reside in Maine.1

Next, the grounds for seeking a Maine divorce must be satisfied.Maine has eight at-fault grounds, but these are not normally appropriate for filing an uncontested divorce. Maine also has a no-fault divorce ground: irreconcilable marital differences.2 Under Maine law, irreconcilable marital differences will justify a divorce where the marriage has broken down and cannot be reconciled.3

Finally, the spouses must come to an agreement on the terms of the divorce. In most cases, this agreement should be in the form of a written and signed marital settlement agreement. A marital settlement agreement is a legally-binding document that sets the terms of the divorce. Any marital settlement must be approved by the presiding judge. The judge simply needs to find that the contract is fair and doesnot violate public policy.

A fully-completed marital settlement agreement should resolve all issues that could possibly be contested during the divorce proceeding. This generally includes the following categories of potential claims:

  • Division of the property the couples shared (this would include the marital residence, vehicles, and pets);
  • Division of any debt obligations between the couple jointly;
  • The effect of any tax consequences of the divorce;
  • Spousal support (also known as alimony or spousal maintenance);
  • Payment of attorneys’ fees and costs (in uncontested divorces, and
  • If applicable, child custody, visitation and parenting plans, and child support.

On Spousal Support and Separation Agreements

When spouses sit down to discuss the terms of their divorce, it is often beneficial for the spouses to sign a legal separation agreement. A separation agreement is NOT a formal divorce. A separation agreement is a contract between spouses that lays out their agreement and terms of their separation. A fully completed separation agreement can serve as the basis for an uncontested divorce, and may be helpful in filling out the required divorce paperwork. Prior to signing any separation agreement (or any contract with your spouse), you should have an experienced attorney review the terms of the contract for you.   

The Process for Filing for an Uncontested Divorce in Maine

Once you and your spouse have decided to file for an uncontested divorce, the general flow of the process is as follows:

  1. This step is optional, but you should begin by consulting a family law attorney who can either answer any questions that you may have, or who can help you file your divorce paperwork properly.
  2. The first step for any spouses who will not be using an attorney to assist them in filing for divorce is to prepare the required divorce paperwork and decide on the terms of a marital settlement agreement. The State of Maine’s Judicial Branch website has a set of state-approved divorce forms for couples to use in filing for both contested and uncontested divorces.4
  3. Next, you and your spouse must determine where to file your divorce lawsuit. You should file for divorce in the family division of the district court where either spouse satisfies the residency requirements.
  4. The filing spouse should file a complaint for divorce in the proper court and pay the filing fee. The filing spouse should then serve the summons and copies of the divorce filing on the non-filing spouse (either hire a process server or mail the divorce paperwork).
  5. The non-filing spouse should then file an answer, admitting the allegations in the complaint and agreement to the settlement agreement.
  6. Where minor children are involved, court may order an investigation of the circumstances and conditions of living arrangements, however, this would be unlikely in an uncontested divorce proceeding.
  7. At the final hearing, judge will approve the settlement and sign the divorce decree.

For more information about divorce in Maine or how to represent yourself without an attorney in Maine courts, visit the State of Maine Judicial Branch’s website.5

Note: This article is not legal advice. Please consult a lawyer for your specific situation.

Resources:

  1. 19-A M.R.S. § 901.
  2. 19-A M.R.S. § 902.
  3. Lagarde v. Lagarde, 437 A.2d 872, 1981 Me. LEXIS 1033 (Me. 1981). 
  4. Court Forms, STATE OF MAINE JUDICIAL BRANCH.
  5.  Representing Yourself, STATE OF MAINE JUDICIAL BRANCH ; Divorce With Children, STATE OF MAINE JUDICIAL BRANCH ; Divorce Without Children, STATE OF MAINE JUDICIAL BRANCH

 

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