Divorce Residency Requirements in Maine: Who Can File and Where
Maine lets a plaintiff file for divorce after six months of good-faith residence, or on three other bases, including a Maine resident defendant. The complaint goes to the District Court, and custody has a separate jurisdiction test.
What residence does a Maine divorce require?
A person seeking a divorce may file a complaint in the District Court if the plaintiff has resided in good faith in Maine for six months before the action starts (19-A M.R.S. 901(1)(A)). The Maine divorce timeline calculator adds six months to the date you enter.
What are the other ways to file in Maine?
A complaint can also be filed if the plaintiff is a Maine resident and the parties married in Maine; if the plaintiff is a Maine resident and the parties lived in Maine when the cause of divorce arose; or if the defendant is a Maine resident (901(1)(B)-(D)). The calculator has a button for these bases, which have no fixed residence period in the text.
What does good faith mean in Maine?
The statute requires that the plaintiff has “resided in good faith,” and it bars a divorce sought for fraudulent purposes (901(5)). Keep records of when your Maine home began: a lease or deed, a Maine driver license, voter registration and work and tax records.
Where do you file for divorce in Maine?
In the District Court (901(1)). The statute does not name a location, so ask the clerk of the District Court where you or your spouse lives which court takes the complaint.
Does residence decide custody jurisdiction too in Maine?
No. Parental rights and responsibilities are decided on the child’s best interest under the custody statute (19-A M.R.S. 1653), and jurisdiction over the child is limited by the Uniform Child Custody Jurisdiction and Enforcement Act where another state may have it. See the Maine parenting time calculator and ask a licensed Maine attorney about the child’s home state.
What else does the filing set in motion in Maine?
A preliminary injunction is served with the summons and complaint. Unless the parties agree otherwise in writing or the court orders otherwise, it prohibits each party from damaging, transferring, encumbering or disposing of property, including withdrawing from or borrowing against retirement plans, and from cancelling insurance or changing beneficiaries (903).
What if the other spouse has already filed elsewhere in Maine?
The Maine complaint forms ask whether either spouse has filed for divorce or annulment before in another court, so disclose it; ask a licensed Maine attorney how a competing case affects timing.
Can a court refuse to hear a case filed for the wrong reasons in Maine?
Yes. The court may not grant a divorce when the parties seek to procure it for fraudulent purposes (901(5)).
How long does the other spouse have to answer in Maine?
The Maine family court forms tell a defendant to file an answer within 20 days after being served, and to provide copies of all filings to the other party; ask the clerk about extra time for service outside Maine.
How do the six months and the 60 days fit together in Maine?
They are separate clocks. For example, a plaintiff who moved to Maine on March 1 completes six months on September 1 and can file that day on the residence basis. If the other spouse is served that day, the 60 days end on October 31.
Frequently asked questions
How long must I live in Maine to file for divorce?
Six months of good-faith residence for the plaintiff, or another basis in section 901.
Do both spouses have to live in Maine to divorce there?
No. One basis for filing is that the defendant is a Maine resident, and the plaintiff has others.
Where do I file for divorce in Maine?
In the District Court; ask the clerk of the court near you.
Can a Maine court refuse a divorce sought for fraud?
Yes. The court may not grant a divorce when the parties seek it for fraudulent purposes.
Does Maine residency decide custody jurisdiction?
No. Custody has its own jurisdiction rules and follows the child’s best interest.
Official sources
- 19-A M.R.S. 901: action for divorce; procedures
- 19-A M.R.S. 902: grounds; defenses
- 19-A M.R.S. 903: preliminary injunction
- Maine Judicial Branch form FM-054: certificate in lieu of case management conference
- 19-A M.R.S. 953: disposition of property
- 19-A M.R.S. 1653: parental rights and responsibilities
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Maine statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Maine attorney.