Uncontested vs. Contested Divorce in Maine: Simplified Procedures and Mandatory Steps
In Maine an uncontested and a contested divorce share the residence rule and the 60-day rule from service. Agreeing parties can file a certificate in lieu of a case management conference, and no corroborating witness is needed.
What is the same in an uncontested and a contested Maine divorce?
The residence rule and the 60 days: the clerk schedules the hearing 60 or more days after the date of service (form FM-054). The Maine divorce timeline calculator gives the same earliest date for both.
| Item | Agreed (uncontested) | Disputed (contested) |
|---|---|---|
| Residence | Six months, or another basis | Six months, or another basis |
| Final hearing | Clerk schedules an uncontested hearing 60 or more days after service | Case management conference first; hearing or trial later |
| Proof of the grounds | Corroborating witness not required | The court hears the contested issues |
| Preliminary injunction | Served with the complaint; the parties can agree otherwise in writing | Stays in force unless the court orders otherwise |
| Agreement on the children | Certificate in lieu of case management conference | Mediation and conferences |
What do the parties file if they agree in Maine?
The Maine Judicial Branch form FM-054, a Certificate in Lieu of Case Management Conference, lets parties certify a full final agreement on all issues and ask the court to adopt it as an interim order and waive the conference; the court may still require a conference. If the next event is an uncontested final hearing, a certificate regarding real estate must be filed first if either party has an interest in real estate (FM-054).
Is the testimony of the plaintiff corroborated in Maine?
When the merits of a divorce are not contested, whether or not an answer has been filed, no corroborating witness is required (901(4)).
Can the public be excluded in Maine?
Yes. At the request of either party, unless the other party who has appeared objects, the court shall exclude the public from the proceedings (901(3)).
What if a spouse denies irreconcilable differences in Maine?
If one party alleges irreconcilable marital differences and the other denies it, the court may continue the case and require both parties to receive counseling by a qualified professional counselor; refusing to attend without good reason is prima facie evidence that the differences are irreconcilable (902(2)).
What happens at the first conference in Maine?
The court may hold a case management conference, and the Maine Judicial Branch form schedules it 60 or more days after service; agreeing parties can ask to skip it by certifying a full final agreement (form FM-054).
Are attorney fees available in Maine?
Attorney fees awarded in the nature of support may be made payable immediately or in installments (901(6)).
What does a case management conference cover in Maine?
It is the early court event in a contested case; the Maine Judicial Branch form describes later deadlines of 30 days for a required financial statement, 60 days for discovery and 90 days for required mediation if the next event is a pretrial or status conference (form FM-054).
What changes in a contested Maine divorce?
The court decides what the spouses cannot settle: property under 19-A M.R.S. 953, spousal support under 951-A and parental rights on the child’s best interest. See the Maine property division calculator and the Maine parenting time calculator.
Frequently asked questions
Does an uncontested divorce skip the Maine 60 days?
No. The hearing is scheduled 60 or more days after service.
What is the Maine certificate in lieu of case management conference?
A form on which agreeing parties certify a full final agreement and ask the court to waive the conference.
Does Maine require witnesses for an uncontested divorce?
No corroborating witness is required when the merits are not contested.
Can a Maine court order counseling?
Yes, if one party alleges irreconcilable differences and the other denies it.
Is a Maine divorce hearing public?
The court excludes the public at either party’s request, unless the other appearing party objects.
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
- 19-A M.R.S. 951-A: spousal support
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.