Maine Residency Requirements
The state of Maine has unique residency requirements for people who wish to terminate their marriage. You must meet these state-specific requirements prior to filing with your local county court. The Maine residency requirements are as follows:
A person seeking a divorce may file a complaint for divorce in the District Court if: A. The plaintiff has resided in good faith in this State for 6 months prior to the commencement of the action; B. The plaintiff is a resident of this State and the parties were married in this State; C. The plaintiff is a resident of this State and the parties resided in this State when the cause of divorce accrued; or D. The defendant is a resident of this State. The divorce may be filed in either county in which the parties reside.
The Dissolution of Marriage is typically filed with in county in which the filing spouse lives.
The right to file a complaint or bring a petition may not be denied a person for failure to meet a residency requirement if the person is a member of the Armed Forces of the United States on active duty stationed in this State or the spouse of that member or a parent of a child of that member. The member is deemed to be a resident either of the county in which the military installation, or other place at which the member has been stationed, is located or of the county in which the member has sojourned. (Maine Revised Statutes - Title 4 - Sections: 155 and Title 19-A - Section 902)
If you DO NOT meet at least one of the above residency requirements, you have the following options:
- Establish residency in Maine for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
- Have your spouse do the filing if he or she meets the Maine residency requirements.
- Choose another state in which you or your spouse meet the requirements (all states are unique, so be sure to check the state in which you were married as an option).
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