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OverviewUpdated 2026-02-27

Maine Family Law Guide — Divorce, Custody & Support

Divorce, custody, support, and property division under Maine law — grounds, process, timelines, and what to expect

Jump to:
Uncontested Divorce — Requirements & StepsDivorce With Children — Custody & SupportCustody Modification — How to FileChild Support — Calculation & EnforcementTemporary Orders in Maine Family Cases — What to KnowFamily Law — How Service of Process WorksFamily Law — Contempt & Enforcement ActionsProtection Orders — How to Get One
Family Law and Divorce

Family law covers divorce, child custody, child support, property division, and spousal support — and in many cases, several of these issues are decided at the same time. Whether you are filing, responding to a petition, or seeking to modify an existing order, the process moves through a structured series of stages. The decisions you make early — especially around temporary orders and documentation — directly shape the final outcome.

1
💬
Intake
facts + posture
2
📄
Filing
county + service
3
⚖️
Temporary Issues
orders pending case
4
🤝
Agreement / Hearing
negotiation or court
5
✅
Final Order
enforceable terms
Key Issues
👨‍👩‍👧
Custody
physical & legal custody
💵
Child Support
income-based calculations
🏠
Property Division
marital vs. separate assets
⚖️
Spousal Support
duration & amount factors
📋
Temporary Orders
interim relief while pending
High-level illustration only. Stages vary based on issues, county, and whether the matter is contested.

Of all family law matters, divorce is the most common — and typically the most consequential. A divorce case can involve every other area of family law at once: custody, child support, property division, and spousal support. That is why most family law overviews begin here. Even if your situation involves only one of those issues, understanding the divorce framework helps, because the same statutes, standards, and court procedures apply across the board.

Grounds for divorce in Maine §19-A-902

Maine allows no-fault divorce based on irreconcilable marital differences §19-A-902. No-fault means neither party must prove the other did something wrong — the marriage has simply broken down. Maine also recognizes fault-based grounds including adultery, impotence, extreme cruelty, and others.

The divorce process — step by step

1
Establish eligibility
Petitioner must have resided in Maine for 6 months, or the cause of action arose in Maine and one party still resides there, or the parties were married in Maine and one party still resides there §19-A-901. The petition must be filed in the correct county.
2
File the petition
One spouse files a petition for divorce and serves it on the other spouse §19-A-901.
3
Temporary orders (if needed)
Courts may issue temporary orders for support, parental rights, and exclusive use of the marital home during the proceedings.. These remain in effect until the final order.
4
Discovery and negotiation
Both parties exchange financial information and attempt to resolve custody, support, and property issues — either directly, through attorneys, or in mediation.
5
Final hearing or agreement
If the parties agree, the court reviews and approves the settlement. If not, the judge hears evidence and makes the decisions.
6
Waiting period
60 days from service before the court may hold a hearing §19-A-901.

Contested vs. uncontested divorce

UncontestedContested
DefinitionBoth spouses agree on all issuesSpouses disagree on one or more issues
TimelineShorter (after waiting period) §19-A-901Longer
Court involvementCourt reviews agreementCourt decides disputed issues
Who decidesThe spouses, by agreementThe judge, based on evidence and statute §19-A-902

Key areas the court addresses

Child custody §19-A-1653

Courts determine parental rights and responsibilities based on the best interests of the child, considering the child's age and developmental needs, each parent's ability to cooperate, and any history of domestic abuse.

Child support §19-A-2006

Maine uses an income-shares model. Based on combined gross income of both parents using Maine Child Support Guidelines.

Property division §19-A-953

Maine follows equitable distribution. The court divides marital property based on what is fair, considering the length of the marriage, each spouse's contributions, and economic circumstances.

Spousal support §19-A-951-A

Courts may award general support (alimony) for a period that does not exceed half the length of the marriage, or transitional support for career redevelopment; reimbursement support is also available.

What changes the outcome?

  • Quality and completeness of financial documentation
  • Timing of filing, responses, and temporary-order requests
  • Existing court orders or pending cases
  • Whether children are involved (adds custody and support layers)
  • Willingness to negotiate versus taking issues to trial
⚠If a court date is approaching, a temporary order has been entered, or you have been served with papers, timing is critical. Missed deadlines can limit available remedies.
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Common Questions

Frequently Asked Questions

General answers to common questions. Specific outcomes depend on your facts and timing.

If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.

Legal authoritiesStatutes referenced on this page
Me. Rev. Stat. tit. 19-A § 19-A-902
Grounds for divorce
Maine recognizes both fault-based grounds (adultery, impotence, extreme cruelty, etc.) and no-fault grounds (irreconcilable marital differences).
  • No-fault: irreconcilable marital differences
  • Fault grounds include adultery, impotence, extreme cruelty, desertion for 3+ consecutive years, habitual substance abuse, nonsupport of the other spouse when financially able, cruel and abusive treatment
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Verified 2026-07-24 · quarterly review
Me. Rev. Stat. tit. 19-A § 19-A-902
Divorce on irreconcilable differences
Either party may file for divorce on the ground of irreconcilable marital differences; both fault and no-fault grounds are available in Maine.
View →
Verified 2026-07-24 · quarterly review
Me. Rev. Stat. tit. 19-A § 19-A-901
Residency requirement
Petitioner must have resided in Maine for 6 months, or the cause of action arose in Maine and one party still resides there, or the parties were married in Maine and one party still resides there
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Verified 2026-07-24 · quarterly review
Me. Rev. Stat. tit. 19-A § 19-A-901
Waiting period
Minimum 60 days from service before the court may hold a hearing.
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Verified 2026-07-24 · quarterly review
Me. Rev. Stat. tit. 19-A § 19-A-901
Service of process
Divorce complaint must be served on the defendant pursuant to Maine Rules of Civil Procedure; service by publication is available when the defendant cannot be found
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Verified 2026-07-24 · quarterly review
Me. Rev. Stat. tit. 19-A § 19-A-1653
Custody — best interests standard
Courts determine parental rights and responsibilities based on the best interests of the child, considering the child's age and developmental needs, each parent's ability to cooperate, and any history of domestic abuse.
View →
Verified 2026-07-24 · quarterly review
Me. Rev. Stat. tit. 19-A § 19-A-2006
Child support guidelines
Maine uses an income-shares model — both parents' incomes are combined, and support is apportioned based on each parent's share.
  • Based on combined gross income of both parents using Maine Child Support Guidelines
  • Presumptive guideline amount; deviation requires written findings of unjust or inappropriate result
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Verified 2026-07-24 · quarterly review
Me. Rev. Stat. tit. 19-A § 19-A-953
Property division
Maine uses equitable distribution to divide marital property.
View →
Verified 2026-07-24 · quarterly review
Me. Rev. Stat. tit. 19-A § 19-A-951-A
Spousal support / alimony
Courts may award general support (alimony) for a period that does not exceed half the length of the marriage, or transitional support for career redevelopment; reimbursement support is also available
View →
Verified 2026-07-24 · quarterly review
Citations link to official or authoritative sources. Laws change — verify current text before relying on any statute. How we verify citations →