Uncontested Divorce Petition Packet - Maine

MAINE UNCONTESTED DIVORCE — COMPLAINT FOR DIVORCE FILING PACKET

PART 1 — PRE-FILING ELIGIBILITY & WAITING-PERIOD CHECKLIST

☐ Residency / venue (19-A M.R.S. § 901): A divorce action may be commenced if ANY of the following is true:
☐ The plaintiff has resided in good faith in Maine for 6 months prior to commencing the action;
☐ The plaintiff is a Maine resident and the parties were married in Maine;
☐ The plaintiff is a Maine resident and the parties resided in Maine when the cause of divorce accrued; or
☐ The defendant is a resident of Maine.
☐ Grounds (no-fault): Irreconcilable marital differences. (19-A M.R.S. § 902(1)(H))
☐ Waiting period: The court generally may not hold the final hearing or grant the divorce until at least 60 days after the defendant is served. (19-A M.R.S. § 901)
☐ Full agreement (uncontested): Both spouses agree on parental rights and responsibilities, child support, property division, debts, and spousal support — otherwise the case is contested.
☐ Court: File in the Maine District Court for the division where either party resides.
☐ Identify whether the case involves: ☐ minor children ☐ real property ☐ retirement/QDRO assets ☐ spousal support.

Filing-fee estimate: approximately $120 (District Court). Fee waivers available for qualifying filers. Verify the current fee with the Clerk of the District Court.

PART 2 — COURT CAPTION (used on all pleadings)

PART 3 — COMPLAINT FOR DIVORCE (19-A M.R.S. §§ 901, 902)

1. PARTIES

• Plaintiff: [________________________________], residing at [________________________________]
• Defendant: [________________________________], residing at [________________________________]

2. RESIDENCY / VENUE (19-A M.R.S. § 901)

☐ Plaintiff has resided in good faith in Maine for at least 6 months before commencing this action; OR
☐ Plaintiff is a Maine resident and the parties were married in Maine; OR
☐ Plaintiff is a Maine resident and the parties resided in Maine when the cause of divorce accrued; OR
☐ Defendant is a resident of Maine.

3. MARRIAGE FACTS

• Date of marriage: [__/__/____]
• Place of marriage: [____________________]
• Date of separation (if any): [__/__/____]

4. GROUNDS (19-A M.R.S. § 902(1)(H))

☐ Irreconcilable marital differences exist between the parties.

5. CHILDREN

☐ There are no minor children of the marriage and the wife is not pregnant.
☐ The minor children are:

☐ If minor children, complete a Child Support Affidavit and address parental rights and responsibilities under 19-A M.R.S. § 1653.

6. PARENTAL RIGHTS & RESPONSIBILITIES / CHILD SUPPORT (if applicable)

• Allocation of parental rights and responsibilities: ☐ Shared ☐ Allocated ☐ Sole to [_________] (19-A M.R.S. § 1653)
• Primary residence: ☐ Plaintiff ☐ Defendant ☐ Shared
• Contact (visitation) schedule: [________________________________]
• Child support: $[__________]/month under the Maine Child Support Guidelines (19-A M.R.S. §§ 2001–2009).

7. PROPERTY, DEBTS & SPOUSAL SUPPORT (19-A M.R.S. §§ 953, 951-A)

☐ The Parties have resolved all property, debt, and support issues by written agreement (attach — Part 6).
☐ The Court is requested to equitably divide marital property and set apart non-marital property under § 953.

8. NAME RESTORATION

☐ Restore [Plaintiff / Defendant] former/maiden name: [________________________________].

9. RELIEF REQUESTED

Plaintiff requests that the Court grant a divorce on the ground of irreconcilable marital differences and ☐ approve and incorporate the attached agreement ☐ allocate parental rights and responsibilities and set child support ☐ equitably divide property and debts ☐ award spousal support as appropriate ☐ restore the former name above.

Verification (under penalty of perjury):
Plaintiff: [________________________________] Date: [__/__/____]

PART 4 — SUMMONS, SERVICE, PRELIMINARY INJUNCTION & ANSWER

☐ Family Matter Summons and Preliminary Injunction (FM-038) issued — the preliminary injunction automatically restrains both parties from transferring/disposing of property, modifying insurance, and (where children) relocating children out of state, during the pendency of the case.
☐ Service: Defendant is served with the Complaint, Summons, and Preliminary Injunction. The 60-day waiting period under 19-A M.R.S. § 901 runs from service.
☐ Acceptance of Service / Answer: In an uncontested case, Defendant signs an Acceptance of Service and files an Answer agreeing to the terms (or a joint filing is used).
☐ If Defendant does not answer, Plaintiff may proceed by default after the waiting period.

PART 5 — FINANCIAL DISCLOSURE

☐ Each spouse has fully disclosed all income, assets, retirement accounts, and debts.
☐ Child Support Affidavit completed (cases with minor children) per 19-A M.R.S. §§ 2001–2009.
☐ Financial statements exchanged supporting any spousal support request (19-A M.R.S. § 951-A).

PART 6 — MARITAL SETTLEMENT AGREEMENT (incorporated)

MARITAL SETTLEMENT AGREEMENT

This Agreement is entered on [__/__/____] by [PLAINTIFF] and [DEFENDANT] ("the Parties").

Recitals

1. The Parties were married on [__/__/____] at [____________________] and separated on [__/__/____].
2. There ☐ are ☐ are no minor children of the marriage.
3. The Parties have exchanged full financial disclosure and intend to settle all issues.

Article 1 — Equitable Division of Marital Property (19-A M.R.S. § 953)

To Plaintiff: [____________________________________________________________]
To Defendant: [____________________________________________________________]
Non-marital property set apart to its owner: [________________________________]

Article 2 — Real Property

☐ The Parties own no real property.
☐ The real property at [________________________________] shall be: ☐ awarded to Plaintiff ☐ awarded to Defendant ☐ sold and net proceeds divided [____]% / [____]%.

Article 3 — Retirement Accounts / QDRO

☐ Each Party retains his/her own retirement accounts.
☐ The [____________________] account shall be divided [____]% / [____]% by Qualified Domestic Relations Order.

Article 4 — Debts

Plaintiff assumes and holds Defendant harmless from: [________________________________]
Defendant assumes and holds Plaintiff harmless from: [________________________________]

Article 5 — Spousal Support (19-A M.R.S. § 951-A)

☐ Both Parties waive spousal support.
☐ [Party ____] shall pay [Party ____] $[__________]/month for [____] months as ☐ general ☐ transitional ☐ reimbursement support.

Article 6 — Parental Rights & Child Support (if applicable) (19-A M.R.S. §§ 1653, 2001–2009)

• Parental rights and responsibilities: ☐ Shared ☐ Allocated ☐ Sole to [_________]
• Primary residence: ☐ Plaintiff ☐ Defendant ☐ Shared
• Contact schedule: [____________________________________________________________]
• Child support: $[__________]/month under the Maine Child Support Guidelines; health insurance by ☐ Plaintiff ☐ Defendant; unreimbursed medical shared [____]% / [____]%.

Article 7 — Mutual Releases

Each Party releases the other from all claims arising from the marriage except as set forth herein.

Plaintiff: [________________________________] Date: [__/__/____]
Defendant: [________________________________] Date: [__/__/____]

PART 7 — DIVORCE JUDGMENT (Proposed Order) (19-A M.R.S. § 902)

JUDGMENT

The Court, finding the residency/venue requirements of 19-A M.R.S. § 901 satisfied and that irreconcilable marital differences exist (§ 902(1)(H)), and that at least 60 days have passed since service, orders and adjudges:

1. The marriage of [PLAINTIFF] and [DEFENDANT] is dissolved, and the Parties are divorced.

2. Parental Rights & Support: Allocated and ordered as set forth in the agreement, in the best interest of the children (§ 1653); child support conforms to §§ 2001–2009: [________________________________]

3. Property & Debts: Divided as set forth in the agreement under § 953.

4. Spousal Support: ☐ None ☐ As stated: [________________________________]

5. Name Restoration: ☐ Granted: [________________________________].

6. Other Orders: [________________________________]

Date: [__/__/____] Judge, Maine District Court: [________________________________]

PART 8 — STEP-BY-STEP FILING PROCEDURE

1. Confirm residency/venue under 19-A M.R.S. § 901 (any of the four pathways).
2. Complete forms: FM-004 (Complaint for Divorce), FM-002 (Family Matter Summary Sheet), FM-038 (Summons & Preliminary Injunction), Child Support Affidavit (if children), and Social Security disclosure form.
3. File with the District Court clerk in the proper division; pay ~$120 (or request a fee waiver).
4. Serve Defendant with the Complaint, Summons, and Preliminary Injunction — or obtain an Acceptance of Service. The 60-day period runs from service.
5. Resolve all issues by written Marital Settlement Agreement (Part 6); Defendant files an Answer agreeing to terms.
6. After 60 days, request an uncontested final hearing or submit the case for judgment on the papers.
7. Court enters the Divorce Judgment (Part 7), incorporating the agreement.
8. Post-judgment: record/retitle real estate; process QDROs; set up child support through DHHS Division of Support Enforcement & Recovery; update beneficiaries; obtain certified copies.

PART 9 — MAINE JUDICIAL BRANCH FORMS QUICK REFERENCE

SOURCES AND REFERENCES

• Maine Revised Statutes Title 19-A, § 902 (Grounds; defenses) — https://legislature.maine.gov/statutes/19-a/title19-Asec902.html
• 19-A M.R.S. § 901 (Residence; venue; 60-day waiting period)
• 19-A M.R.S. § 953 (Disposition of property); § 951-A (Spousal support)
• 19-A M.R.S. §§ 2001–2009 (Child support guidelines); § 1653 (Parental rights and responsibilities)
• Maine Judicial Branch — Family Division Forms — https://www.courts.maine.gov/courts/family/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. You must have this template reviewed and customized by a qualified attorney licensed in your jurisdiction before use. Do not use this template without professional legal review.