How Long Does a Divorce Take in Maine?

One of the most basic questions that spouses going through a separation in Maine ask is how long a divorce takes.

There is no simple answer to this question as it depends on multiple factors, some of which are in your control and others that are not. The complexity of the case, the level of conflict, and the family law court schedules are all major factors that influence the timeline for a divorce in Maine.

Here is what you can expect from the process from start to finish.

Some states impose a minimum separation period for a divorce after spouses decide to split.

In Maine, there is no such separation period, but Maine law requires a minimum 60-day waiting period between the filing of all the necessary divorce paperwork (after the divorce papers have been served on the other spouse) and the final hearing. This applies to all divorces, regardless of whether the spouses agree on all the key matters or not.

These 60 days are intended to allow the spouses to work on a settlement (often with collaboration between family lawyers), rather than having a judge decide on all matters. It is a minimum legal requirement.

Very few divorces are completed in 60 days—even simple, uncontested divorces—because of backlogs in the Maine court system and other factors that can create delays.

The most fundamental difference affecting divorce timelines is whether they are contested or uncontested.

Matters such as child custody/visitation, child support, spousal support, and property division can take a lot longer than the minimum waiting period of 60 days to settle if there are disputes.

Most divorces in Maine do not require a trial, but the divorce process can be complex, arduous, and lengthy in some cases, requiring the types of alternative dispute resolution methods previously mentioned.

The main factors that affect the divorce timeline in Maine are the complexity of the case and the level of cooperation/conflict between parties, as well as the potential court backlogs. Let us take a closer look at each factor.

As mentioned, there are certain factors that you are in control of with a divorce. Focusing on these can help speed up the divorce process in Maine.

Divorces with children in Maine are generally more complex and take longer to finalize than those without children.

When a couple separates in Maine, their parental rights and responsibilities continue. Therefore, divorcing parents must work out a way to look after the child’s needs, support the child financially, and keep the child safe. The preferred arrangement for the Maine courts is for both parents to contribute to raising the child, making decisions, and spending adequate time together. This is usually deemed to be in the best interests of the child.

However, sometimes this is impractical or impossible, meaning that child custody (legal and physical custody), visitation rights, and child support may need to be ordered by a judge. This can add months to the duration of a divorce in Maine.

Conversely, if parents can communicate well, remain flexible, and make decisions in the best interests of the child, this can expedite the process and lead to a quicker divorce—providing the court is satisfied that the arrangement for the child is acceptable.

If you need legal assistance during a divorce in Maine, speak to an experienced family law attorney at The Maine Divorce Group during an initial consultation.