Can I Handle My Own Divorce in Maine?

Whether you can handle your own divorce in Maine depends on the answers to several key questions. These questions will help determine whether you qualify for a divorce and the level of agreement between you and your spouse. These are essential to gauge if you are considering a DIY divorce approach.

Generally speaking, if there are contested matters, such as property division, child custody/support, or spousal support, the likelihood increases that you will need legal representation to help resolve matters and follow the legal steps required.

Let’s explore this in more detail.

The most basic questions concern the legal requirements for a divorce in Maine. If you do not meet the residency requirement, this will stall any plans for a quick divorce.

Anyone who files for divorce in Maine must be:

• A resident in Maine for at least six months immediately before filing for divorce,
• Married to a spouse who is a resident in Maine, or
• A resident of Maine who either married the spouse in Maine or lived as a married couple in Maine when the cause of divorce occurred.

You must also have legal grounds (a valid legal reason) to file for divorce in Maine.

Maine is a “no-fault” divorce state, meaning that you can file for divorce simply by stating that you and your spouse have “irreconcilable marital differences.” This will initiate a no-fault divorce where neither spouse needs to prove any wrongdoing—though there may still be other contested matters.

If you file for this type of divorce in Maine, it may be possible to handle your divorce yourself, depending on the answers to other questions that follow.

However, opting for a “fault-based” divorce, on the grounds of adultery, cruelty, desertion, neglect, alcohol/drug abuse, or impotence, almost certainly requires legal assistance. Contested court hearings before a judge and a trial may follow. Fortunately, these types of divorces are increasingly rare in Maine because they tend to be a lengthy, stressful, and expensive process—with the downsides that often outweigh the benefits.

Establishing whether your spouse has already hired a divorce attorney is essential when determining whether you can handle your own divorce.

Sometimes, people discover this when they are served with divorce papers by their spouse’s attorney. This “changes the game” and makes it unlikely that you can handle the divorce without legal representation.

Most people are not equipped to achieve a fair divorce settlement without understanding the relevant state laws if they are up against a spouse’s divorce attorney. Simple mistakes can have long-lasting consequences for one’s finances or parenting setup.

The bottom line is: If your spouse is represented by a divorce attorney, protect your rights by doing the same and don’t attempt a DIY divorce.

Another good reason NOT to try to look after your own divorce is if you have minor children together. You and your spouse may not see eye to eye about parenting after you separate.

When married couples split, their parental responsibilities do not halt. They are still legally required to support and raise minor children, meaning that many decisions must be made by parents who have acknowledged that their relationship is irretrievably broken. Where will the children stay? How will they be schooled? How much support should be paid to the primary caregiver? Who will make healthcare decisions?

These matters can be challenging and often lead to tension, disagreements, and disputes without seasoned legal guidance. The child’s best interests must come first, and the Maine courts will want to be satisfied that this is the case before granting a divorce. Many parents need legal assistance with these matters and may even require mediation to resolve disputes.

Spousal support or “alimony” is often awarded during the divorce process to ease the transition to single life for the lower-earning spouse after the marriage ends. Temporary support may be necessary during divorce proceedings, while longer-term support may be required after the divorce has been granted.

If you agree on the need for spousal support, as well as its amount, and duration, this makes things easier. Provisions can be included in a divorce settlement agreement and presented to a judge to approve, along with provisions for property division, child support, and child custody/parenting.

However, the judge will only approve the agreement if it complies with Maine divorce laws. This often requires the guidance of a divorce attorney. If you don’t agree, you will likely need to negotiate, go through a collaborative process between lawyers, or attend mediation to resolve the issue(s).

The division of marital property and debts is another major point of contention in many Maine divorces. The law dictates an equitable distribution of property and debts. In fact, you and your spouse can agree on any distribution that you see fit but, in many cases, unfairness will lead to disputes and may require legal assistance to resolve.

Disagreements may arise, for instance, about the value of property or what constitutes marital property and what is “separate” property (not subject to division). A divorce attorney can advise you reliably on such matters, which can become complex, especially for large marital estates or long marriages.

If you have not been married for long or have very few assets, you are more likely to be able to handle your divorce without legal assistance, provided every other matter is as easy to settle.

If neither you nor your spouse has hired a lawyer yet, you meet the requirements for divorce in Maine, and can answer the above questions positively and with agreement on all the main issues, you may be able to handle your own divorce.

That said, many divorces that start as “uncontested” soon become contested when the finer details are discussed. Another consideration is that your divorce settlement will end up being read by a judge, so it must comply with Maine divorce laws to be approved and for the divorce to be granted. That usually requires some form of legal assistance.

If your marital estate is of significant value or there is high conflict, a communication breakdown, a lack of transparency, or any form of abuse in the marriage, it is best to hire an experienced divorce attorney. A collaborative divorce involves an attorney for each spouse and negotiations on the key issues to prevent litigation and a court trial.

Even if your divorce seems amicable, hiring a lawyer will help protect your rights, assist with resolving any disputes that arise, and draft or review legally enforceable agreements, while generally helping you to navigate the divorce process.

Remember, you can consult with a divorce attorney at any time without necessarily hiring one.

For legal assistance with any aspect of divorce in Maine, speak to an experienced family law attorney at The Maine Divorce Group during an initial consultation.