The first question often asked is where does a person file for a divorce in Maine?
Generally, a divorce complaint can be filed in either the Superior Court or the District Court – though the vast majority of divorces are filed in the District Court. In either case, you should file in the county or district where you or your spouse lives.
Who can file for a divorce in Maine?
Either the husband or the wife can file – it doesn't matter. Regardless of who files, it also doesn't give one party an advantage over the other party. In order to file, one of the following must be true:
· The person filing for the divorce must have resided in Maine for at least six months prior to bringing the complaint; or
· The person filing the complaint is a legal resident of Maine or the parties were married here; or
· The person bringing the complaint for divorce is a resident of Maine and the parties lived in Maine when the cause of the divorce arose; or
· The other person is currently a resident of Maine.
These are statutory requirements that can be found in Title 19-A M.R.S.A. § 901.
What are the grounds for divorce in Maine?
There are lots of grounds for filing a divorce in Maine – adultery, impotence, extreme cruelty, gross and confirmed habits of intoxication from the use of liquor or drugs, cruel and abusive treatment – and others.
The most common ground by far is simply irreconcilable marital differences. In order to prove irreconcilable differences, one of the parties usually testifies that the marriage has irreconcilable differences and that the parties attempted to work out those differences but they were unsuccessful in doing so.
How long does it take to get divorced in Maine?
It all depends. If it's an uncontested divorce, you can schedule a hearing 60 days after the other party has been served with a summons and complaint. If it's contested, it depends on what the issues are and what court you've filed the divorce in. If your issues are complex – for example you have children and have a disagreement about who the children will live with after you divorce – your final hearing will probably not be scheduled until after you have mediation or after a guardian ad litem has been appointed. The guardian ad litem will make a recommendation regarding where the children will reside after the divorce.
It often takes a guardian ad litem several months or longer to make such a recommendation. Don't forget that some courts have a busier calendar than others so that the wait time before scheduling a final hearing can vary depending on where you've filed your complaint. It's not uncommon for contested divorces to take a year or longer before they reach trial.
Can you represent yourself in a divorce?
Sure – but generally I wouldn't advise it unless you have no children, few assets and have been married only a short period of time. If your divorce is contested in any respect, you probably should get an attorney.
Even if your divorce is uncontested and you think that you have a satisfactory agreement, I'd suggest you have an attorney look over your agreement before your final hearing. A divorce is a form of civil litigation in which all the rules of evidence apply. Unless you're an attorney trained in trial practice, you'll have a difficult time knowing how to go about representing yourself. If the other side has an attorney and you don't – you're at a considerable disadvantage.
An old legal proverb reads as follows: "He that is his own lawyer has a fool for a client."
For all but the simplest divorce case, don't be a fool. Hire an experienced lawyer to represent you.
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