Maine Divorce Records

Per recent data published by the National Center for Health Statistics, Maine has a divorce rate of around 2.5 divorces per 1,000 residents, slightly above the national divorce rate of 2.4 divorces per 1,000 total population. Under Maine law, a marriage may be dissolved on no-fault or fault-based grounds. A no-fault divorce allows spouses to separate without proving misconduct, citing irreconcilable differences as the reason for dissolution. By contrast, fault-based divorces require proof of specific wrongdoing by one spouse, such as adultery, extreme cruelty, desertion, impotence, or nonsupport.

The average cost of divorce in Maine is approximately $8,120 per person, over 18% less than the national average (which is around $9,969). However, be aware that actual divorce costs may vary based on factors such as attorney fees, court filing costs, mediation expenses, whether the divorce is contested or uncontested, and the involvement of minor children.

Are Divorce Records Public in Maine?

Maine divorce records are generally available to interested members of the public under the state's Freedom of Access Act. However, accessibility to certain types of divorce records or the information contained in these records may be restricted to specific individuals, such as the divorced spouses, their attorneys, and those with a valid court order granting them access to the record/information. Examples of divorce record information that is typically exempt from public disclosure include child custody/parenting agreements, medical and/or psychological evaluations, financial affidavits, social security numbers, and records involving domestic violence or abuse. Similarly, records that have been sealed by court order are also considered confidential and inaccessible to the general public.

What Is Included in Maine Divorce Records?

In Maine, the term "divorce records" is used to collectively refer to different types of official documents that contain information on divorce proceedings in the state. These records are often grouped into three primary types:

• Divorce Certificates: These are official documents issued by the Division of Data, Research, and Vital Statistics (DRVS) that provide essential details such as the names of both parties and the divorce date. Divorce certificates are often used for purposes where legal proof of the divorce is required.
• Divorce Decrees: This is also known as the "divorce judgment" and is the court order that legally finalizes the divorce. These documents are maintained locally by the Clerk of the District Court that handled the case and typically contain details on the divorce proceeding, such as the names of the involved parties and divorce date, as well as the terms of the divorce, including property division, alimony, custody, and support.
• Divorce Case Files: This refers to the collection of legal documents filed during a particular divorce proceeding, including petitions, financial disclosures, settlement agreements, temporary and final court orders, and motions from both parties. These records are also maintained by the District Court that handled the divorce case.

How Do I Find Maine Divorce Records?

Maine divorce records may either be accessed locally through the District Court that handled the case or at the state level via the Maine Department of Health and Human Services' Division of Data, Research, and Vital Statistics. Individuals looking to access Maine divorce records often require certified copies of these records for various legal and personal reasons, including:

• Updating identification documents and facilitating name changes
• Modifying legal status with government agencies, financial institutions, and insurance providers
• Claiming spousal benefits or financial entitlements
• Modifying or enforcing court orders for child custody, support, and property division
• Updating wills, trusts, and other estate planning documents
• Providing official proof of divorce for remarriage, immigration, or other similar purposes

Look Up Maine Divorce Certificate

Certificates of divorces that occurred in Maine from January 1, 1892, to date may be accessed by submitting a Vital Records Application, along with a copy of a valid ID and applicable fees, to the state's Division of Data, Research, and Vital Statistics (DRVS) at:

Certified copies of these state-issued divorce certificates cost $15 for the first copy and $6 for each extra copy requested at the same time, while non-certified copies cost $10. Requests submitted via mail should include a self-addressed, stamped envelope. Be aware that all fees are non-refundable. Inquiries may be directed to the DRVS at (207) 287-1919.

Look Up Maine Divorce Decree

Interested parties looking to access copies of Maine divorce decrees may do so by contacting the Clerk of the District Court where the divorce proceedings were held and providing pertinent information like the name of at least one of the divorced spouses and/or a docket number. Requesters will often be required to submit a formal request form and pay a search and/or copy fee for the desired documents (note that applicable fees may vary by jurisdiction).

Alternatively, individuals who either do not know the court that handled the divorce or have any pertinent details on the divorce may access copies of divorce decrees by mailing a Records Search Request form to the Maine Judicial Branch Service Center. Mailing instructions and applicable fees are provided in the form. Inquiries concerning record search requests may be directed to (207) 753-2901.

Look Up Maine Divorce Court Records

Copies of Maine divorce court records may be accessed by directly contacting the District Court where the divorce was filed. Note that you will typically be required to provide the court clerk's office with key information like the names of the parties (or at least one of them) involved in the case or a docket number, and pay a copy fee. It should be noted that certain divorce court records may be deemed confidential and only accessible to specific requesters, such as the divorcing/divorced couple and their attorneys.

Maine divorce court records may also be accessed by submitting a Records Search Request form to the state's Judicial Branch Service Center (mailing instructions are provided in the form) or online via the judicial branch's re: SearchMaine platform (however, record availability via this platform is limited).

Can You Seal Divorce Records in Maine?

Divorce records in Maine may be sealed by court order under certain circumstances, usually to protect the health, safety, or liberty of the involved parties (including minor children) or to protect sensitive personal or business information.

Individuals who wish to have their divorce records sealed will typically have to file a motion with the court of jurisdiction, sealing is necessary and providing supporting documentation. The court will review the request and may hold a hearing before making its decision on whether to seal the records or not. In most cases, if the motion is granted, only specific parts of the record are sealed, unless there are exceptional circumstances that require sealing the entire case file.

How Long Does a Divorce Take in Maine?

Under Maine law, there is a mandatory 60-day waiting period between filing all required divorce paperwork and the final court hearing. While uncontested divorces can often be finalized shortly after this period, contested divorces often take much longer, sometimes extending from several months to over a year, depending on the issues being contested and the overall complexity of the case.

Does Maine Require Separation Before Divorce?

No, Maine does not require a mandatory separation period before couples who wish to file for divorce may do so.

How Are Assets Split in a Maine Divorce?

Courts in Maine follow the equitable distribution principle when dividing property (including assets and debts) between divorcing couples, per Maine Revised Statutes Section 953. This means the property is split between both spouses fairly, though not necessarily equally. During property division proceedings, the court usually begins by distinguishing between marital property - property acquired during the marriage, and non-marital (separate) property - property owned before marriage or received as gifts/inheritances during the marriage. Marital property is usually subject to property division, while non-marital property typically remains with its original owner (note that exceptions may apply in certain cases).

The court will typically consider several relevant factors when determining an equitable division of marital property. These include:

• How much each spouse contributed to building their marital property (including unpaid work like childcare/homemaking)
• The actual value of the property that each spouse will receive in the split
• Each spouse's economic situation at the time of the property division
• Economic abuse by either spouse

Who Gets Custody of a Child in Divorce in Maine?

Custody matters in Maine are referred to as "parental rights and responsibilities". Decisions on these matters are based on the "best interests of the child", which is a legal standard that requires courts to consider several factors, including the child's safety and well-being, age, relationship with each parent, and preference, before deciding. While historically, courts often favored mothers in these matters, modern Maine law explicitly prohibits gender bias in custody decisions. To this end, divorcing fathers in Maine are likely to get equal parenting time (50%) with their ex-spouses after a divorce, much higher than the national average of 35%.

There are three main types of parental rights and responsibilities in Maine, namely:

• Shared Parental Rights and Responsibilities: here, both parents are awarded equal rights/authority to make decisions/inputs on major issues involving the child, such as education, religious upbringing, medical, dental, and mental health care, child care arrangements, travel arrangements, and residence. This is the most common type of parental rights and responsibilities awarded in the state, and both parents are typically required to make these major decisions jointly.
• Allocated Parental Rights and Responsibilities: Here, the court divides responsibilities for various aspects of the child's life and well-being between both parents. For instance, one parent may have authority over education matters, while another is given authority to make decisions on the child's healthcare, and so on.
• Sole Parental Rights and Responsibilities: Here, one parent is granted exclusive decision-making authority over the child's upbringing and overall well-being.

It should be noted that, when determining parental rights and responsibilities, the court will also make pronouncements over where the child will live, referred to as "residence". Depending on the specifics of the case, the child may either spend a relatively equal amount of time with each parent throughout the year (shared primary residence) or spend the majority of their time living with one parent's home (primary residence).