Maine Divorce When Your Spouse Won't Cooperate (2026)

If your spouse won't cooperate, file a Complaint for Divorce alleging irreconcilable marital differences, serve the Respondent, and proceed to default if no response is filed.

Individual Complaint — Overview

1. File Complaint for Divorce at District Court
2. Complete and file Financial Statement (required even in default cases)
3. Serve the Respondent
4. Respondent has 21 days (personal service) to file a Response
5. If no Response: file Motion for Default; proceed to default hearing
6. If Response filed: contested case

Service Options

Option 1 — Acceptance of Service

Ask your spouse to sign an Acceptance of Service. Even uncooperative spouses sometimes prefer this to a sheriff showing up.

Option 2 — Sheriff's Service

County Sheriff serves the Complaint and Summons. Cost: approximately $20–$50. Sheriff's Return of Service filed with the court.

Option 3 — Process Server

Private process servers available in most Maine counties.

Option 4 — Publication

If you cannot locate your spouse after diligent effort:

1. File Affidavit of Diligent Search with the District Court
2. Court authorizes publication
3. Publish in a qualified Maine newspaper
4. File Affidavit of Publication

Publication service may limit the court's jurisdiction over property division — consult an attorney.

After Service — 21-Day Response Deadline

The Respondent has 21 days after personal service to file a Response. File a Motion for Default and supporting Affidavit if no Response is received within 21 days.

Default Process

1. File Motion for Default
2. Default entered by the clerk
3. No waiting period in Maine
4. Schedule default final hearing
5. Present testimony: irreconcilable marital differences; Financial Statement; marital property evidence
6. Judge enters Final Judgment of Divorce by default

Temporary Orders

During the pendency of the case, file a Motion for Temporary Orders for:

• Temporary spousal support
• Exclusive use of the marital home
• Temporary parental rights and child support (if children)
• Restraining order against dissipation of marital assets (interim relief)

Last reviewed: March 2026 | Individual Complaint + service | 21-day response deadline (personal service) | Default after no response | Financial Statement required | No waiting period | Equitable distribution | Temporary orders available | District Court | courts.maine.gov | ptla.org

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.