Maine Marital Settlement (Divorce) Agreement Form [PDF]

A Maine marital settlement agreement form is a legal document that enables married couples to specify different aspects of the divorce process, such as child support, a parenting plan, or alimony.

This document is important for the uncontested divorce process because, in it, the couple negotiates and agrees on all the matters related to divorce, and the judge just needs to make sure it is fair and beneficial to both sides.

Divorce Forms

The divorce forms should be filed with the district court clerk’s office in the county where the petitioner lives. The petitioner must pay a filing fee, typically in the range of $120. It takes at least 60 days for the divorce process to be finalized, but the exact number of days depends on specific county requirements.

Divorce Laws and Legal Requirements in Maine

The divorce laws and legal requirements in Maine have been introduced to prevent malpractice and injustices that could harm either of the parties in the divorce process. They provide guidelines both parties must follow in order to end their marriage as smoothly as possible.

How to File For a Divorce in Maine in 8 Steps

In the following text, we will show you how to file for divorce in Maine in 8 simple steps. Each step provides a more clear picture of what is necessary to finalize the process.

#1. Meet the Requirements for Divorce

The petitioner should confirm that they meet the requirements for divorce before submitting their application. In order to meet the residency criteria, the petitioner must first be a resident of the state, be married there, or have lived there for six months straight.

However, if they cannot meet the requirements in Maine, then they should file for divorce in the state in which they do. The petitioner must also confirm they have good reasons to file for divorce, such as infidelity, abuse, or irreconcilable differences.

#2. Fill out the Divorce Papers

The petitioner is now required to fill out the divorce papers, which can be found at the district court clerk’s office or downloaded from their website. The most important document is the divorce complaint, where they must provide personal information about the parties, including their children and marriage.

Here is the list of additional papers that should be filed along with the divorce complaint:

• Family matter summons and preliminary injunction (obtained from the court clerk)

• SSN disclosure form (for providing social security number)

• Family and probate matter summary sheet (personal information for court records)

• Child support affidavit

• Financial statement

#3. Serve the Divorce Papers

When all documents are completed, the petitioner (or plaintiff) needs to serve the divorce papers to the respondent (or defender). They can do this in person by delivering the divorce complaint and summons to the respondent.

Additionally, the petitioner should provide two copies of the Acknowledgment of Service that the respondent should fill out if they agree with the divorce complaint. On the other hand, if they disagree, they have to fill out an Answer and Counterclaim for Divorce.

With this action, spouses enter the contested divorce process, where the judge will make decisions on matters related to divorce.

Another way to serve the papers is through the sheriff's office, where the sheriff will serve the divorce complaint and summons and provide the court with proof of service.

#4. File Papers with the Court

When the respondent is served, and the necessary papers are gathered along with the receipt of service, all papers should be filed with the court clerk. The clerk will review the papers to see if everything is in order and ask the petitioner to pay a filing fee.

If the petitioner is not able to pay the fee, then they should fill out a request for a fee waiver. Usually, the judge will decide if there are grounds for a fee waiver, and if the reasons are not satisfactory, then the petitioner will have to pay, or the case will be dismissed.

#5. Receive the Scheduling Order

When all documents are gathered and filed and filing fees are paid, a court clerk can issue a scheduling order. This document contains information on the requirements and deadlines spouses have to follow.

In cases where spouses reached an agreement, and the respondent did not contest the divorce complaint, the court will schedule an uncontested hearing.

#6. Create a Marital Settlement Agreement

For spouses who have entered an uncontested divorce process, it is important to create a marital settlement agreement.

This document’s purpose is to record the terms agreed upon during negotiations and serves as a statement to the court that spouses addressed all divorce matters and that no court hearings regarding these matters are needed.

The agreement can also be created without any legal assistance. The spouses just need to obtain a marital separation agreement template and fill it out themselves. Notarization is not always necessary, but it provides more protection and should be considered.

#7. Prepare for the Final Hearing

When the divorce settlement agreement is completed, it should be filed with the court, and spouses need to prepare for the final hearing. Both parties will receive a Notice of Hearing that will inform them of the date, time, and place of the hearing.

Additionally, couples with children must attend a case management conference to discuss with the judge how much time they will have to present their case. The purpose of this meeting is to make the divorce process more efficient.

However, couples who have addressed matters related to children in a divorce settlement agreement can waive the conference requirement by filing a Certificate in Lieu of a Case Management Conference.

#8. Attend the Final Hearing

Now both spouses should attend the final hearing in order to make a statement and answer questions that the court has related to their divorce. The judge will listen to spouses and review the divorce settlement agreement along with other divorce documents to determine if everything is in order.

In the end, the judge will sign the divorce decree and finalize the divorce. Spouses can now acquire copies of the divorce from the court clerk and use them to change their names if so requested in a divorce complaint.