Divorce in Maine, start to finish
See a different stateMaine
Maine gives you the forms for free. What it doesn’t give you is the order things happen in, the two clocks that start the moment you serve your spouse, or a warning that the summons you print at home isn’t the one you’re allowed to serve. That’s this.
Put in the day you filed and this page works out every deadline in your case, then hands you a calendar file that reminds you a week before each one and again the day before. It opens in the calendar you already use. Free, no account, nothing stored.
1 · The one track, and what the rule requires
Maine’s District Court runs a single divorce track. There is no separate “simplified” filing of the kind Florida or Connecticut have, so nothing here decides which court process applies — what the facts decide is which forms go into the file alongside the same Complaint, Summary Sheet and Summons that every divorce starts with.
Jurisdiction first. 19-A M.R.S. §901 needs one of four things to be true, and only one.
The District Court track
19-A M.R.S. §901
Every Maine divorce runs here. The Complaint for Divorce (FM-004) is signed in front of a notary, filed with the Family and Probate Matter Summary Sheet (FM-002) and the Social Security Number Confidential Disclosure, and served with the Summons and Preliminary Injunction (FM-038).
Available where at least one of these is true:
- The plaintiff has lived in Maine for at least 6 months.
- The plaintiff is a Maine resident and the parties were married in Maine.
- The plaintiff is a Maine resident and the marriage broke down while both parties lived in Maine.
- The defendant spouse currently lives in Maine, even if the plaintiff does not.
The Summons and Preliminary Injunction (FM-038) has to be obtained signed and sealed from the clerk, in person or by request. The copy printed at home is not the one that may be served — see Section 3. Everything else in the list is free to download and print.
The four facts that change the rest of the list
Maine’s forms fork on four things. None of them moves a case onto a different track; each adds or swaps a form.
The shortest version of the file — no Financial Statement, no Certificate Regarding Real Estate, no sheriff — is where all of these are true:
- There are no minor children of the marriage.
- Property, debts and any spousal support are already agreed.
- Neither spouse has an ownership interest in a house, land or other real estate.
- The defendant spouse signs the Acknowledgment of Receipt of Summons and Complaint (CV-FM-036), so no service is needed.
Reversed, each of those adds rather than changes the track. Minor children add the Child Support Affidavit (FM-050), signed in front of a notary, and the Child Support Worksheet (FM-040). A division that is not agreed replaces the Certificate in Lieu of Financial Statement (FM-042) with the Financial Statement (FM-043). Real estate adds the Certificate Regarding Real Estate (FM-056), which is due 7 days before the final hearing. And a defendant who will not sign the Acknowledgment has to be reached by certified mail or by a sheriff — formal service costs a fee and is usually the slowest part of the whole process. The Federal Affidavit under the Servicemembers Civil Relief Act (FM-052) is filed only if the other spouse never appears by the final hearing.
2 · Every form Maine publishes for a divorce
The complete list, not a shortlist — because which forms are needed depends on facts only you and, if you need one, your lawyer can weigh. Each row says which condition it belongs to and carries the revision date clerks check. Every one is free.
The Cusp is not a law firm and cannot tell you which forms are right for your case. Everything here is general information about how Maine handles divorce, and every form below is published free by Maine itself — you do not have to buy anything from anyone to get them. If your situation is not straightforward, a consultation with a Maine family lawyer costs far less than fixing a filing that went wrong.
| Form | What it is | Route | Rev. | |
|---|---|---|---|---|
| FM-002 | Family and Probate Matter Summary Sheet | All | 07/20 | Download |
| FM-004 | Complaint for Divorce — signed in front of a notary | All | 07/22 | Download |
| FM-038 | Family Matter Summons and Preliminary Injunction — the original comes from the clerk | All | 10/23 | Download |
| CR-CV-FM-PC-200 | Social Security Number Confidential Disclosure | All | 07/15 | Download |
| CR-CV-FM-255 | Notice Regarding Electronic Service (optional, x2 copies) | All | 12/20 | Download |
| FM-050 | Child Support Affidavit — signed in front of a notary | Where there are minor children | 01/23 | Download |
| FM-040 | Child Support Worksheet — filed if the court requires it | Where there are minor children | 02/20 | Download |
| CV-FM-036 | Acknowledgment of Receipt of Summons and Complaint (x2 copies) | Where the other spouse signs for the papers | 08/24 | Download |
| FM-020 | Entry of Appearance — the other spouse files this to be heard without formally answering | Where the other spouse is reached by certified mail instead of signing | 02/20 | Download |
| FM-042 | Certificate in Lieu of Financial Statement | Where property, debts and support are already agreed | 08/20 | Download |
| FM-043 | Financial Statement — required where property or support is disputed | Where property, debts or support is not agreed | 01/21 | Download |
| FM-056 | Certificate Regarding Real Estate — due 7 days before the final hearing | Where either spouse has an interest in real estate | 08/20 | Download |
| FM-052 | Federal Affidavit (SCRA) — filed only if the other spouse never appears by the final hearing | All | 08/20 | Download |
| CV-067 | Application to Proceed Without Payment of Fees — if a fee waiver is needed | All | 06/20 | Download |
| CV-191 | Financial affidavit supporting the fee waiver, if used | All | 06/20 | Download |
Every one of these is free. Except the Summons (FM-038), which must be obtained signed and sealed by the clerk in person or by request — see Section 3. Download fresh each time. Full catalog: courts.maine.gov/forms.
3 · Getting the forms and filling them in
Nobody explains this part, so here it is. Every Maine form is free, and self-represented filing is normal — the “What to do with these Court Forms” packets the court publishes are written for exactly that.
You may e-file, but you do not have to Your choice
- Portal
- eFileMaine (Maine eCourts)
- Paper
- Still accepted — you can file over the counter.
- What it costs
- card surcharge 2.89% convenience fee charged by the third-party financial institution for card payments; $0.25 flat fee per transaction for paying by electronic check
- Account
- Only if the self-represented party opts in (or crosses the six-case threshold). No registration fee is published.
- Worth knowing
- Maine has the most unusual pro se rule in this batch: e-filing becomes mandatory for a self-represented person only once they file more than six non-emergency family/civil cases in a year — a threshold that essentially never catches an ordinary divorce filer, but does catch high-volume self-represented filers. For a normal divorce, e-filing is optional. Because the rollout is regional, a Maine reader's first question should be whether eFileMaine is live in their court yet.
Step one — download them free
All Maine Judicial Branch family forms live here, searchable by number or name:
courts.maine.gov/forms — Court Forms and Fees
Maine’s e-filing assistant, Guide & File, is real and free — but as of this writing it only covers traffic and small claims cases. It explicitly does not cover divorce. There’s no DIY-Florida-style interview for this. Paper filing at the clerk’s window is the normal path for almost everyone.
Step two — fill them in, and get the complaint notarized
Most Maine family forms are fillable PDFs. Type everything — full legal names, not nicknames — and print. One form is different: the Complaint for Divorce (FM-004) must be signed in front of a notary public. You can find one at a bank, a legal services office, your town office, or the court clerk’s window.
Effective July 1, 2023, Maine adopted the Revised Uniform Law on Notarial Acts, which allows remote online notarization. The notary must be Secretary-of-State approved for remote work and use an approved platform — Zoom and FaceTime are explicitly not allowed for this. Ask your notary if they’re set up for it before you assume it’s an option.
Step three — the summons is not like your other forms
Every other form in your packet, you can print yourself. The Family Matter Summons and Preliminary Injunction (FM-038) is different: the instructions are explicit that “you must use the original form you got from the clerk. It has the clerk’s original signature and seal. You cannot use a photocopy or on-line version of this form.” That means an extra trip — or a call — to the clerk’s window before you can serve anyone.
People download the summons PDF, fill it in, and hand a copy to a process server the same day — and it’s not valid. Get the clerk to sign and seal the original first. Everything about your 21-day and 20-day clocks (Section 4) starts from valid service, and invalid service means you haven’t started the clock at all.
Step four — serve your spouse
Three ways, all recognized by the court: (1) hand-deliver or mail the papers and have your spouse sign the Acknowledgment of Receipt (CV-FM-036) and return it within 20 days; (2) send by certified mail, restricted delivery, and file the green return-receipt card with the court; or (3) pay your county sheriff’s office to serve in hand. The statutory base fee for sheriff service is $40 for in-hand service under 30-A M.R.S. §421, plus mileage — many counties charge more in practice, so call ahead and confirm the total.
Step five — file, and understand you’re running two different clocks
Once your spouse is served, two clocks start on the same date but run to different lengths and belong to different people. You have 20 days after serving your spouse to file your proof of service (and the rest of the packet) with the court. Your spouse has 21 days after being served to serve you a written answer — and a Child Support Affidavit, if you have minor children — and file the original with the court. Confusing these two numbers is the single most common self-represented mistake in Section 4.
4 · Your deadlines, calculated
Most of a Maine divorce runs off the day you serve your spouse — not the day you file. Put in your dates and we’ll turn Maine’s rules into an actual calendar, then let you add it to Google Calendar, Apple Calendar or Outlook in one click.
5 · The order it actually happens in
6 · The rejection-and-delay-proofing checklist
This is the part that’s genuinely worth paying attention to. These are the specific things that stall Maine filings or cost people a rescheduled hearing.
The two-clock trap
Both clocks start on the day your spouse is served. Your 20 days is to file proof of service with the court. Their 21 days is to answer. People routinely wait for the answer deadline to pass before filing their own proof of service — but your 20-day deadline is usually earlier, and it’s yours to miss, not theirs.
Forms people forget
Timing
The moment your spouse is served, the automatic Preliminary Injunction printed on FM-038 kicks in for both of you — neither of you can hide, transfer, or sell marital property, drop the other from health or life insurance, or intercept the other’s mail, without a written agreement or a court order. It stays in effect until judgment, dismissal, or a court order changes it. Violating it is contempt of court, and people violate it by accident all the time — moving money “to keep it safe” is exactly what it prohibits.
7 · Parent education — what’s actually required
Here’s where we’re being precise rather than dramatic: the Maine Judicial Branch’s own materials say the court “may order you to attend” a parent education program if you have minor children — it is ordered at the court’s discretion, not automatically mandatory in every case the way Florida’s or Connecticut’s programs are. In practice, magistrates order it often, especially where parents are struggling to agree, so plan for it rather than assume you’ll skip it.
If it’s ordered
Classes run about 4 hours, in person, often scheduled evenings or weekends. There’s generally a fee, and it varies by provider. Two organizations the Judicial Branch lists directly:
| Organization | Coverage | |
|---|---|---|
| Kids First Center | Statewide — need-based scholarships available, partly funded by the Judicial Branch | Details ↗ |
| ParentWorks / Home Counselors, Inc. | Rockland area — monthly 4-hour workshop | Details ↗ |
If you’re not sure whether it applies to you, this is the moment to ask the Family Law Magistrate directly — they’re the ones who’ll order it if they think it’s needed, and they’ll tell you the deadline to complete it.
8 · What this costs
| Item | Cost |
|---|---|
| Filing fee — Entry of a Family Matter Action (flat statewide) | $120 |
| Sheriff service, in hand (statutory base, 30-A M.R.S. §421) + mileage | $40+ |
| Certified mail, restricted delivery, return receipt | ~$10–15 |
| Court-sponsored mediation, if contested (two sessions, split between you) | $160 total |
| Parent education program, per parent, if ordered (varies by provider) | varies |
| Remote or in-person notary for the Complaint | $0–$25 |
| Typical all-in, doing it yourselves, uncontested, no kids | ~$140–$170 |
| Typical all-in, with minor children and mediation | ~$300–$400 |
File CV-067, Application to Proceed Without Payment of Fees, with the supporting financial affidavit CV-191, under M.R. Civ. P. 91. If you receive need-based public assistance like TANF, General Assistance, or SSI, there’s a presumption you qualify. A judge reviews it; if denied, you have 7 days to pay before the case can be dismissed. Pine Tree Legal Assistance also runs a free online fee-waiver packet builder.
The table below is illustrative, member-reported data on attorney-assisted costs in three sample counties — not official court figures — to give you a sense of scale against the self-represented numbers above.
| County (District Court) | Member-reported attorney divorce, uncontested | Member-reported attorney divorce, contested |
|---|---|---|
| Cumberland (Portland) | $2,200–$4,500 | $9,000–$25,000+ |
| Penobscot (Bangor) | $1,800–$3,500 | $6,500–$18,000+ |
| York (Biddeford) | $2,000–$4,000 | $7,500–$20,000+ |
What this is. A guide to Maine’s own process, built from the Maine Revised Statutes Title 19-A (including §§901, 902, 852, 903, and 251), the Maine Rules of Civil Procedure (including Rule 92), the official FM- and CV-series forms and instruction packets published by the Maine Judicial Branch at courts.maine.gov, Administrative Order JB-05-26 (the current court fee schedule), and Pine Tree Legal Assistance’s published “Navigating Divorce & Parental Rights in Maine” guide. The forms themselves are free and this kit links you to them rather than reselling them.
What this is not. The Cusp is not a law firm and does not practice law. Nothing here is legal advice, and nothing here tells you which choice is right for your particular situation — only what Maine requires of each path. If your case involves contested custody, a business, hidden assets, domestic violence, or a spouse with a lawyer, talk to an attorney; many offer free consultations, and Pine Tree Legal Assistance provides free help to income-eligible Mainers. Court clerks are not permitted to give legal advice.
Confirm current numbers with the clerk. Filing fees, mediation fees, and program requirements are periodically adjusted by the Judicial Branch or the Legislature, and some details — like whether a parent education program will be ordered in your case, or the exact cost of sheriff service in your county — are decided case by case. Where this kit could not verify an exact figure or requirement with confidence, it says so and points you to the clerk rather than guessing.
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Everything we have written about Maine specifically. Every figure on these pages is quoted from Maine’s own statute or its courts’ own published schedule, and carries the date we last checked it.
The most expensive mistakes in a divorce are made in the year after it, by people who thought the case was over. After the divorce is the checklist for that year — the health-coverage clock, the retirement order a decree cannot replace, and the beneficiary form that outranks your will.
Filing is one household becoming two, and the second one starts empty. The two-household list is what to send the people who keep asking how they can help — the second of everything, and the half of it that costs nothing. Some people call it a divorce registry.