Maine Divorce Records
Divorces in Maine are initiated to end a marriage. It is done for any number of reasons, considering Maine is a no-fault state. To file for divorce, any of the parties may claim that the marriage is unsalvageable or that they have irreconcilable differences. The state also recognizes typical fault-based grounds, like desertion or cruel treatment. Divorcing couples do not need to have been married in the state but should have been residents for more than six months when the cause for divorce occurred.
Maine is also a closed records state, which means divorce records are accessible through certain restrictions. Depending on the county, these are accessed by mail, in person, or online. Maine’s divorce rate as of 2022 was 2.4 per 1,000 residents, one of the country's lowest rates. It is also at par with the national rate, which is 2.4 per 1,000 residents.
What are Divorce Records?
Maine divorce records are documents that provide evidence of a formal separation from marriage. They can include court filings, docket information, summons, decrees, and appeals. Divorce records can be used as proof of separation before an individual remarries in the state or during employment, medical, and insurance applications.
Divorce records are typically created when the final judgment is determined and entered into the court's files. Divorce decrees or final judgments may entail details concerning child custody, spousal support, and property decisions. The vital records office typically maintains these files alongside birth and marriage records. Interested parties may access the following information on request:
- Names of the parties in the divorce
- Date the marriage was formalized
- Court location and case tracking number
- Date the divorce was decreed
- Address of the parties in the divorce
- Reasons for the divorce
- Child custody, spousal support, assets or debt division, and alimony
Are Divorce Records Public in Maine?
Maine is a closed records state, meaning access to divorce is restricted to specific individuals. This is particularly true for those who have a tangible and direct connection to the parties. When requesting the divorce records from the Divisions of Public Health Systems, requesters are asked to state their relationship to the name on the document.
Typically, divorce records are considered private information following Title 22, Chapter 1071, Subchapter 1. It indicates that department records with personal data are confidential; they can only be disclosed under particular circumstances. The cost of searching divorce records depends on the institution or agency. Maine’s Division of Public Health Systems charges $15 per first record and $6 for any additional copies of the same document.
Divorce Stats and Rates in Maine
Divorce rates in Maine have been gradually decreasing over the years. In the 1990s, the rate was 4.3 per 1,000 residents, but that has since decreased to 3.0 and 2.4 per 1,000. The reduction in divorce rates in the state reflects a larger trend across the nation. It is also interesting that the state has one of the highest marriage rates, at 7.5 per 1,000, indicating a low matrimony-to-divorce trend.
There is a higher potential for divorce among couples in their second and third marriages than among those in their first marriage. The average age of the first divorce is 30, which corresponds with national trends. Lower-income groups are also more susceptible to divorces in the state due to economic stressors.
Grounds for Divorce in Maine
Maine is a mixed divorce type state, which means it combines the allowance of fault and no fault-based divorces. In the latter, either party in a marriage can file for divorce, citing irreconcilable differences. The state also offers several fault-based grounds for divorce, including:
- Impotence
- Adultery
- Desertion for consecutive years before filing for divorce
- Judicial determination: one of the parties is mentally incapacitated
- Lack of support when one of the spouses can provide for the other and grossly refuses to provide support
How to File for Divorce in Maine
Divorces in Maine may be contested or uncontested. The latter type is much easier to deal with; however, parties must go through the required steps and submit paperwork to move forward with the dissolution of their marriage.
Complete the Required Forms
Court forms to begin the divorce process can be obtained from any District Court Clerk’s Office or downloaded from the Maine Judicial Branch website. Requesters may navigate to the Forms Packets section and fill in the information on whether the divorce is with or without children, parental rights, and responsibilities. If one obtains the forms online, they must complete the “Family Matters Summons and Preliminary Injunction” form.
Serving the Papers
Requesters will have to serve their spouse the notice of the divorce filing. Parties can serve the divorce papers in three ways. That is by certified mail and restricted delivery to the defendant. The petitioner will also receive a green slip from the post office to illustrate the defendant’s signature. It is to show the defendant received the papers.
Alternatively, one can hand deliver the divorce documents to the defendant so they can sign and return the papers. This will be the ‘Acknowledgement of Receipt of Summons and Complaint’ form. Finally, service may be done by law enforcement, where the petitioner pays a Sheriff to give a copy of the papers to the other spouse.
Filing the Documents with the Courts
File the summons and packet of forms filled out, as well as the return of service with the court. There is a $120 fee to file a divorce case in a Maine District Court, though it can be waived if the requester qualifies for a waiver.
When the court gets the filing, the Clerk will schedule an initial hearing with a Family Law judge or a magistrate if the case involves children. If one does not keep their court appointment, the judge may enter orders concerning child support, spousal support, attorney fees, parental rights, and property distribution. Regarding alimony, Maine judges do not usually consider marital conduct when deciding the amount of alimony to pay out.
Child custody is also a contentious issue in divorce proceedings, particularly when one of the parties has been found guilty of marital misconduct. Maine custody law maintains that the courts apply best interest standards in allocating custody. The courts will evaluate each parent’s ability to care for the child and their history with the child.
Maine Divorce Decree
Maine divorce decrees are not to be confused with certificates. These are the final orders when the courts grant the dissolution of the marriage. They also contain all of the terms that the parties in the divorce will abide by, including how the property or liabilities will be divided. A divorce decree will also inform about child custody rights and visitation. Certified copies of divorce decrees may be sourced from the Clerk of the Courts within the county where the divorce was filed.
How to Find and Access Maine Divorce Records
Divorce records in Maine are only accessible to parties directly connected to the record's individuals. As such, requesters must declare their relationship with each request. Divorce records before 1892 are accessible to any interested party and may be found at the Maine State Archives. Divorce records from then up to the present are available at various institutions in the state. These may be obtained in person, via mail, or online.
Offline Access
The first place to get divorce records in Maine is the courthouse where the case was filed and heard. When visiting the courts, bring along the required details, including both parties' names, the divorce date, and the relationship with the parties. Requesters may also obtain divorce records from the DHHS Vital Records Office at 220 Capitol Street, Augusta. Similarly, they can be accessed from the town Clerk in the county where the divorce case was filed. Certified divorce records usually cost $15.
Mail Access
To obtain a divorce record via mail, interested parties can submit a form with photo identification, the details of the parties, and the payment to the State Treasurer. The request should be mailed to the Maine Department of Health and Human Services in a self-addressed and stamped envelope. Acceptable identification to provide may include a driver’s license, passport, and other government-issued identification.
Online Access
To obtain Maine divorce records online, parties should visit the Department of Health and Human Services website. Provide the required information, including names, dates of divorce, and the connection with the parties on the record. The fee can be paid using a credit or debit card.
References:
- https://www.maine.gov/dhhs/
- https://www.maine.gov/sos/arc/
- https://mjbportal.courts.maine.gov/CourtForms/Home/Index
- https://www.courts.maine.gov/forms/index.html
- https://legislature.maine.gov/legis/statutes/19-A/title19-Asec902.html
- https://www.census.gov/
- https://www.maine.gov/dhhs/mecdc/public-health-systems/data-research/vital-records/order/index.shtml
- https://www.mainelegislature.org/legis/statutes/22/title22ch1071sec0.html
- https://www.maine.gov/dhhs/mecdc/public-health-systems/data-research/vital-records/order/order1.html
- https://www.cdc.gov/nchs/pressroom/sosmap/divorce_states/divorce_rates.htm
- https://www.maine.gov/portal/online_services/categories/history.html