How Do You File for Divorce in Maine If You Have Kids and a House?
A question we often hear is: “I want to file for divorce in Maine, but I’m not sure how. We have children and own a home, but no other major assets. What steps must I take, and what happens with custody and the house?”
Divorce Basics in Maine
Residency requirement
One spouse must have lived in Maine for at least six months before filing, unless the marriage or grounds occurred in Maine.
Grounds
No-fault divorce is available (irreconcilable differences), along with fault grounds.
Where to file
Divorce is filed in the District Court or Superior Court, depending on the county—from Portland to Bangor to Augusta.
Process overview
File petition → serve spouse → exchange financial information → temporary orders → negotiation/mediation → final hearing.
Do You Need a Lawyer to Get a Divorce in Maine?
Not required, but strongly advised if children and property are involved.
How a lawyer/mediator helps
Drafting parenting plans.
Handling property valuation and home division.
Navigating Maine’s custody standards.
Helping to reduce conflict and streamline agreements.
How Much Does It Cost to Get a Divorce in Maine?
Court filing fees plus serving costs.
Attorney or mediator fees, varying by complexity.
Home appraisal or financial expert fees for accurate division.
Additional costs may arise if custody disputes require outside evaluations.
What About the House & Property Division for Divorce in Maine?
Maine uses equitable distribution.
Marital property includes assets acquired during the marriage, like a home.
Separate property (pre-marriage or inheritance) is excluded unless commingled.
Factors courts consider:
Contributions of each spouse, financial and caregiving.
Length of the marriage.
Custodial arrangements for children.
Each spouse’s income and needs.
Options include selling the home, buy-outs, or awarding one spouse the home with an offset.
Custody, Parenting Time & Child Support for Divorce in Maine
Custody is called “parental rights and responsibilities.”
Courts use the best interests of the child standard.
Parenting time is arranged to prioritize stability, school, and caregiving.
Child support is based on Maine’s guidelines, factoring in income and children’s needs.
Things You Must Know About Getting Divorced in Maine!
The name on the deed is not decisive—marital contributions matter.
Separate property that increased in value during marriage may be divided.
Courts prioritize children’s school and home stability.
Temporary living arrangements may influence final orders.
Documenting contributions (mortgage, repairs, upgrades) is key.
A Gentle Reminder About Divorce in Maine
This post is for educational purposes only and is not legal advice. Outcomes vary by county, from Portland to Bangor to Augusta.
At Fresh Starts, you can search our Expert Guide by state to find Maine-based attorneys, mediators, and custody experts who can support you through your next steps.