Uncontested Divorce Petition Packet - Maine

MAINE UNCONTESTED DIVORCE — COMPLAINT AND FILING PACKET

Before filing: This complaint includes the information requested by the Maine Judicial Branch's FM-004 Complaint for Divorce. Complete every applicable field, including the child-related paragraphs if there are minor children. Sign before the authorized officer below. The filing checklist after the signature identifies separate court forms; it is not part of the sworn complaint.

COMPLAINT FOR DIVORCE

☐ With minor children ☐ No minor children. ☐ Title to real estate is involved.

Plaintiff alleges and requests as follows:

1. Plaintiff and Defendant were lawfully married in [town: ________________], [county: ________________], [state: ________________], on [__/__/____].

2. Plaintiff now resides in [town: ________________], [county: ________________], [state: ________________]. If a confidential address is being requested, write confidential here and submit the court's confidential-address affidavit.

3. Defendant now resides in [town: ________________], [county: ________________], [state: ________________]; OR ☐ Defendant's residence is unknown after Plaintiff's reasonable efforts to locate Defendant, described here: [____________________________________________________________].

4. The Court has jurisdiction because (check every applicable statement):

☐ Plaintiff resided in Maine in good faith for six months before this complaint;

☐ Plaintiff is a Maine resident and the parties married in Maine;

☐ Plaintiff is a Maine resident and the parties resided in Maine when the divorce ground arose; and/or

☐ Defendant is a Maine resident.

5. Concerning previous cases between these parties for divorce, judicial separation, or annulment: ☐ None has been filed before this complaint. ☐ A prior case was filed in [court, town, state: ________________________________________________], docket [________________], and ☐ was dismissed on [__/__/____] ☐ remains pending. Other relevant case details: [____________________________________________________________].

6. The parties have personal property. Concerning real estate: ☐ Either or both parties has an interest in real estate, and Plaintiff will file and exchange the required real estate information. ☐ Neither party has an interest in real estate.

7. Plaintiff alleges ☐ irreconcilable marital differences under 19-A M.R.S. § 902(1)(H) ☐ another divorce ground: [identify and state supporting facts: ________________________________________________].

If there are no minor children, continue at paragraph 15.

8. Plaintiff and Defendant are parents of these minor children:

9. During the past five years, the children have lived at the following places with the following persons, listed from most recent to oldest. Attach a continuation if necessary.

10. Other possible parents: ☐ The children have no other acknowledged, adjudicated, intended, de facto, or presumed parent. ☐ Another such parent exists; identify that person, the claimed relationship, and any relevant proceeding: [____________________________________________________________].

11. No person other than Plaintiff or Defendant has physical custody of, or claims custody or visitation rights concerning, the children except: [none / name, relationship, and claim: ________________________________________________].

12. Plaintiff has not participated in and knows of no other case in Maine or another state concerning custody of these children except the following (include court and docket number):

13. If Plaintiff requests a change of a child's name, the requested current and new names and facts showing good cause are: [____________________________________________________________]. ☐ No child-name change is requested.

14. Public assistance for the children: ☐ No MaineCare or TANF benefits have been received. ☐ Such benefits have been, are, or will be received. ☐ The Department of Health and Human Services has issued a child support order; a copy is attached. Details of any order: [____________________________________________________________].

15. Plaintiff asks the Court to grant a divorce and, as applicable, to:

☐ set apart nonmarital property and divide marital property;

☐ order spousal support to Plaintiff;

☐ award reasonable attorney fees to Plaintiff's attorney;

☐ restore Plaintiff's name to [________________________________];

☐ determine parental rights and responsibilities for the minor children, including child support; and/or

☐ change the following children's names for the good cause stated in paragraph 13:

☐ grant this other relief supported by the facts above: [____________________________________________________________].

Sworn verification

I swear under penalty of perjury that the statements in this complaint and its attached continuations are true and correct to the best of my knowledge. I understand that these statements are offered as evidence in court.

Date: [__/__/____] Plaintiff's signature: ______________________________________

Printed name: [________________________________]

Plaintiff's mailing address, unless confidential: [____________________________________________________________]

Plaintiff's telephone and email: [____________________________________________________________]

Attorney, if any; Maine Bar number; address, telephone, email: [____________________________________________________________]

STATE OF MAINE, County of [________________]

Personally appeared [PLAINTIFF FULL LEGAL NAME] and made oath that the foregoing statements are true under penalty of perjury.

Date: [__/__/____] Before me: ______________________________________

Official's printed name and capacity: [________________________________] ☐ Notary Public ☐ Attorney at Law ☐ Clerk

Companion filing checklist

☐ Complete the Family Matter Summary Sheet (FM-002) with this complaint.

☐ Obtain the original clerk-issued Family Matter Summons and Preliminary Injunction (FM-038); complete and serve it as directed by the clerk and current court instructions. A copy or online printout does not replace the original.

☐ Include the court's confidential Social Security number disclosure form and notice regarding electronic service as directed by the current packet.

☐ If there are minor children, complete the current child support affidavit (FM-050) and any other required child-related forms.

☐ If real estate is involved, complete and exchange the current real estate certificate; check the court's instructions for required financial forms when property, support, or attorney fees are requested.

☐ Serve the complaint, summons, preliminary injunction, and required notices by an authorized method; file the required proof of service and accompanying forms with the clerk.

Official sources

• 19-A M.R.S. § 901 and § 902
• Maine Rules of Civil Procedure, Rule 101
• Maine Judicial Branch FM-004 Complaint for Divorce
• Maine Judicial Branch divorce without minor children packet (OTH-040)