What forms do I need to fill out to begin a court case?

You can get fillable forms online, except for the Summons. You must get the Summons form from the Court Clerk. The Court charges $5.00 for a signed Summons form.

Get the other forms you need here:

Maine Divorce with Children forms 
Maine Parental Rights & Responsibilities forms

Or you can go to your local District Court and ask the clerk for a forms packet. Tell the clerk if you are married, if you own property (a house or land), and if you have  mutual children. The clerk will give you the right set of court forms. The packet also has a page of instructions telling you what to do with the forms and how to "serve" the other party with the forms.

Again, here are the typical costs of getting a divorce:

• Summons form:  $5
• Filing fee: $120
• Service fee:  $8-$50 (Cost varies depending on which method of service you use.)
• Mediation fee:  $80 (per party; $160 total for two mediation sessions)

If you have a very low income and cannot pay these costs, you can ask the court to pay them for you. Go here to get the forms online. Or ask the clerk for the forms: an Application to Proceed Without Payment of Fees (fee waiver form) and a Financial Affidavit. Check all of the boxes near the top of the fee waiver form to show that you need all costs waived. On the affidavit form, list all of your income and expenses. If you get TANF, SSI, or general assistance, the court should waive the fees. (Contact Pine Tree Legal Assistance if you are denied). If your income is higher, the court will look at your income and expenses and decide whether you qualify for the waiver.

Go back to the information sheet that came with your court forms packet. Read it carefully. It tells you how to serve and file your forms.

Divorce Information Sheet
Parental Rights and Responsibilities Information Sheet (for unmarried parents)

What if I am the one who was served with the papers?

The spouse who files and serves the papers is the "Plaintiff". The spouse who receives the papers is the "Defendant". There is no advantage to being the spouse that serves the paperwork first.

The court papers you receive may include an "Acknowledgment of Receipt" form. This form is used to simplify and expedite the "service" process.  By signing and returning the form, you are only agreeing that you got the divorce papers. You are not agreeing to everything in the Plaintiff's Complaint. You will have the chance to explain where you stand on issues at mediation, and any formal hearings you may have.

Defendants need to complete and file an Entry of Appearance form. On this form, be sure to include your correct address. Then the court will know where to send you all important notices and court dates. "File" by mailing or hand-delivering to the court. Send a copy of this, and all your court filings (except for your social security number disclosure form), to the Plaintiff. Keep a copy for your own file.

Defendants also need to complete and file an Answer. You have 20 days to do this, starting from the day you were "served". The divorce form includes a Counterclaim. This Counterclaim is your request for a divorce. If you do not file a Counterclaim and the Plaintiff decides to dismiss the case or does not show up at the final hearing, the court will dismiss your case. Then you would have to file a new complaint, starting all over again in order to get divorced. By including a Counterclaim with your Answer, you are ensuring that your case will move forward even if the Plaintiff decides to dismiss the complaint or does not show up.

Read on. The rest of this information applies to both parents. Within two or three weeks of getting the Plaintiff's Complaint, the court will send both of you a scheduling notice for a Case Management Conference.

More Tips

• You can avoid paying a "service fee" if the other parent signs the acknowledgement of service form. You can give the papers to the other parent by hand or regular mail. If the other parent does not agree to this, you will have to pay for "service." Learn your options by reading the Information Sheet (see above). 
• If you try certified mail service and the defendant does not sign the green postal card, this means either that they refused to sign or that the mail was undeliverable.
  • If the defendant refused to sign, you can send the papers by regular mail, then file the green card and affidavit stating how you served the papers and why with the court clerk.
  • If the green card comes back saying the mail was undeliverable, then you must try one of the other service methods. See below.
• If you think that one of the two mail methods will work, you can serve copies of your papers before you file the originals with the court. (When you use this "serve first" method, you have 20 days to file your papers with the court after serving them on the other parent otherwise the court will dismiss your case. If you still want to move forward with your divorce at that point, then you’ll have to start the process, and the paperwork, over again.)
• If the mail methods don't work because the defendant is avoiding service, you can use the Service by Sheriff method. This costs more.
  • If you can't afford the fee, you can file your papers with the court first, along with your fee waiver application.
  • Explain in your application why you need to use Service by Sheriff.
  • If the court approves your application, the court will pay for the cost of Sheriff Service.
  • When you use this "file first" method, you have 90 days to serve after filing.
• You may not be able to find the other party. If you have made all reasonable efforts but still cannot find the defendant, the court may let you do "Service by Alternative Means."
  • Get the court's instruction sheet here.
  • Follow the instructions. You may ask for a fee waiver if you cannot afford the cost.
  • You can get all the forms you need (listed on the instruction sheet) from the Court Clerk, or online from the Court's website
  • This "alternative means" service can be complicated. We recommend that you get help from a lawyer if you can afford it. If you cannot afford a lawyer, you can speak with a volunteer advocate at your local Courthouse  Assistance Project, if one exists in your local court. 

Frequently Asked Questions

Q. Can I sell or get rid of property?

A. The court has ordered both of your to preserve all marital property while your case is pending. This means that you cannot give away, sell, or destroy any property that your spouse may have an interest in. For example, you can't sell the family car. One parent cannot cancel the other parent's or children's health insurance. These orders are included in the Summons and Preliminary Injunction form (see “Notice to Both Parties” on page 2) that the Plaintiff "served" on the Defendant. These orders apply to both of you. To avoid serious penalties, you need permission from the court to do any of these things. We advise you to talk to a lawyer before doing anything that may violate this order.

Q. What happens if I don't go to a court meeting or hearing?

A. It is important that you show up for all court dates. Be on time and be prepared. If you don't go, you can be "defaulted," which means that the court gives the other party what they want because you didn't show up. The court can also charge you for costs, such as court fees or the other party's attorney fees.

Q. What if I move or change phone numbers while my court case is pending?

A. Notify the court in writing right away if your mailing address or telephone number changes. The court clerk needs to be able to find you. Otherwise, you may not get court notices, causing you to miss important court dates. You can use this court form to notify the court of changes.

After you serve and file the court papers, the court will send both parties a notice. This could be two to four weeks or, in the busiest courts, even later. In the meantime, you can call the court clerk if you want to check when your case is scheduled or to make sure they have received your paperwork.

The notice will give you a date and time to meet with a family law Magistrate. This will be your first meeting with the court. This is called a "Case Management Conference."

Things to do before the "Conference"

1.

o    Sign your completed Child Support Affidavit in front of a notary public.

o    File the original form with the court clerk.

o    Send a copy to the other party.

Court rules require you to do this at least three days before the conference. If you miss this deadline, bring the completed form to the Conference. Save copies for your own file. (Note: if you were the person who started the divorce, you should have already filed out and submitted this form to the court with the original paperwork packet). 

2.    Read the Case Management Information sheet that came in the mail with your Conference Notice. You can get another copy here.

3.    Be as prepared as you can on the issues that the Court Magistrate will bring up at the conference. Spend some time thinking about these issues. Discuss them with the other parent, if that's safe to do. Get more important details here.

Go to the conference. It is a critical step in your court case. Be prepared.

At the Conference

This is a time for you to let the court know what is going on with the children and what other issues will need to be decided. It is also a time for you to let the court know if there is something that you need right away. This can be any immediate issue that can't wait for later court decisions, such as:

• where the children are living
• child support
• problems you are having with the children's schedule

The conference is held in a courtroom. It is run by a Family Law Magistrate. The Magistrate will try to move your case along by:

• Finding out if there is an issue of domestic violence in the family. If there is domestic violence, find a way to tell the Magistrate as soon as possible.
• Helping you come to an agreement, if you can, about the most important issues - especially issues that affect your children, like residency, parent-child contact, and child support. Read more about these decisions that affect your children in Step 4: Making some decisions. 
• Finding out what issues you have not been able to agree upon.
• Giving a written order that says what you have agreed on, what issues still need to be decided, and scheduling the next steps. You will each get a copy of this "Case Management Order." Be sure that you read it and understand it. Mark any upcoming court dates on your calendar. If you do not understand something on this Order, ask the Court Clerk to explain. Or get help from the Maine Volunteer Lawyer's Project here.

You may be ordered to attend a "Kids First" program. There you will learn about helping your children through the separation process. Also, we suggest our "Families Change Parents Guide," which offers you useful parenting strategies during this challenging time.

More Tips

• To determine child support, the Magistrate will need proof of your income, including your most recent W-2 and paystub. Bring that information to the conference.
• The Magistrate has the duty to do what is in the best interests of your children. The Magistrate will also tell you about how important it is for you to focus on this goal. Before you go into the conference, think about what should happen so that your children will get what they need. If you are talking with the other parent about an agreement, remember that the court will be looking to see if the children's needs are being met. If you are having trouble deciding these issues, the Magistrate may appoint a guardian ad litem to represent the children. Read more about your parental rights and responsibilities and parenting strategies during a divorce here.
• If you have agreed on all issues before the conference, the Magistrate can help you by-pass the rest of the steps. If you have not agreed on all issues, the next step will probably be mediation. Be ready to pay the fee ($160 total, or $80 each, unless you get a fee waiver.) and to set a mediation session for a time when you can both be there.

Note: If you need an interim hearing to resolve emergency issues before all of the above steps have been completed, the Magistrate will schedule that next.

Frequently Asked Questions

Q. What is a "guardian ad litem" and do I need one?

A. Sometimes a "guardian ad litem" (GAL) is asked to look into difficult issues and recommend solutions. A GAL is a person trained to investigate problem issues and report back to the court on possible solutions. For example, a GAL might look into a parent's addiction issues and recommend whether this should affect parental rights. If you think your children would benefit from having a GAL, this is the time to ask. A Magistrate can appoint a GAL.

GALs charge an hourly rate. If you think that you need a GAL but cannot afford one, as the Magistrate whether the court would be willing to help you find a free or reduced-fee GAL. There is no guarantee of this. It may not be possible to have a GAL if you and the other parent cannot afford to pay and the court decides that your case does not require a GAL.

Learn more in our article: What is a Guardian ad Litem?

Mediation is a process in which a mediator tries to help parties come to agreements. A mediator is a trained neutral who does not take sides. The mediator will try to help you solve these issues:

• Where the children will live
• When the other parent will have contact with the children
• How you plan to make decisions about children
• Amount of child support
• How the children's health care will be covered

The cost of court sponsored mediation is $160 total - that's $80 per party. If you cannot afford to pay these costs, you can use these fee waiver forms to apply to have this fee waived by the court.

Again, it is important to prepare ahead of time. Read more about the decisions you will need to make.

In the case of divorce, the Mediator will ask about:

• How you will divide your marital property and debts
• Whether one party will pay spousal support

NOTE: If you are not married, then the court will address your child-related issues. But it will not help you divide up your property and debts. You will have to figure this out on your own.  

You must mediate in "good faith," but you don't have to agree to anything that you believe is wrong or wouldn't work. If the other party has abused you or you are afraid, ask to meet with the mediator alone to tell the mediator that you are afraid. You can ask to be in a separate room from the other party during the mediation.

NOTE: You can choose to use a private mediator, rather than the court mediator. But you must pay the mediator's fee. 

The mediator will give the Magistrate a report. This report outlines any agreements you were able to reach during the mediation. The report only notes what agreements were reached and what issues are still disputed. There are no notes about what offers were made, or what either party said during the mediation. Mediations are confidential.

After mediation the Court will schedule a status conference where the Magistrate will review the report and decide the next step.

Frequently Asked Questions

Q. Do I have to go to mediation if I am afraid of my spouse or former partner?

A. The court may waive mediation "for extraordinary cause." For example, if you think trying to mediate will trigger abuse, you may ask the court to let you skip mediation. You can ask the Magistrate to do this in person at your first court meeting (the "Case Management Conference") or at a later Status Conference.

Or you can ask at any time in writing. Send a letter to the court or file a more formal motion. Explain what has happened to make you afraid of the other party. If you include a sworn affidavit, you must sign your affidavit under oath in front of a notary public. Attach a copy of your Protection from Abuse Order, if you have one. File these papers with the court clerk. The clerk will ask the Judge to look at them and decide whether or not you will have to mediate.

If you get to mediation and you are still afraid, ask the mediator to talk to you in private about your concerns. The mediator can allow you to stay in separate rooms. In extreme cases, the mediator can decide that mediation won't work, or can stop mediation after it starts if someone is threatened.

We encourage people affected by domestic violence to try to get a lawyer. A good first step may be to contact your local domestic violence program: 1-866-83-4HELP.

Your next step may be a status conference with the Magistrate. You may have more than one status conference during the course of your case. At these meetings, the Magistrate assesses where you are with your case and where to go from here. The Magistrate's goal is to move your case along as quickly as possible but also carefully. These are some typical options:

• If you or the Magistrate think that more mediation would help you resolve more issues, you may be sent back to mediation. (The $160 fee covers two sessions. If you go beyond two sessions, you must pay another fee - unless you get a fee waiver.) If you only need one session, you can write a letter to the court asking for $80 to be refunded.  
• After two mediation sessions, or whenever the mediator decides that further mediation is not going to help, the mediator will probably schedule you for a Pre-Trial Conference.
• If you have resolved all issues since the last mediation, the Magistrate can hold a brief uncontested hearing, review your agreement and sign a final order. Or the Magistrate can schedule your final uncontested hearing on another day.

NOTE: If your final hearing is uncontested, or if child support is the only remaining issue, the Magistrate will hold the final hearing. You can request that a Judge hear your case instead. This option could slow your case down - and in most cases does not provide any real advantage.

In all other cases (all contested hearings with issues other than child support), the final contested hearing is held by a Judge.

If you have agreed on all of the issues, the court will schedule you for an uncontested hearing. This will be the final step.

At the hearing, the Magistrate (or Judge) will ask the Plaintiff to answer a few simple questions, such as:

• When and where were you married (if you are married)?
• What is your spouse's/partner's name?
• What are the names and ages of your children?
• Has your marriage been "irretrievably broken?" (You have tried but cannot "save" the marriage.)
• Can you explain the terms of your agreement? (The Magistrate will have a copy and may read it off to you, asking both of you if it accurately states your agreement.)
• Do you want the court to issue a final judgment based on your agreement? (The court wants to make sure that you willingly agree - that are not being forced, threatened, or coerced.)

After this very short hearing, the Court may sign the Divorce Judgment (or, for unmarried parents, the Final Parental Rights and Responsibilities Order). The clerk may give you a copy that day, or you may receive it in the mail a few days later. The Order takes effect when the clerk enters it on the "court docket," usually the same day as the Magistrate signs it.

As you have seen, the Court does everything it can to try to help you come to an agreement about the terms of your Court Order. But sometimes that just isn't possible. If the Court thinks that you have exhausted all other possible solutions, the Magistrate will schedule a "pre-trial conference." Perhaps something will happen during the conference to help you decide your final difficult issues. Failing that, at the conference the Court will issue a "pre-trial order" which includes:

• The date and time of your final hearing
• Whether a Judge or a Magistrate will hear your case
• Your deadline for telling the other party what witnesses and documents you will be using at the hearing (if any)
• A list of the unresolved issues that need to be decided at the hearing

Magistrate's Final Order

If you disagree with any part of the Magistrate's final order, you can file written objections. Be specific about what parts you object to and what you think that part of the order should say. Deliver or mail this to the clerk and send a copy to the other party. The deadline for filing objections is 21 days from the date the clerk entered the order on the court docket (usually soon after the Magistrate signed the order). If you miss this 21-day deadline, you give up your right to any further appeals.

Then a Judge will review the Magistrate's order and your objections and give the final order of the court.

Judge's Final Order

The deadline for appealing a Judge's final order to the Law Court is 21 days after the clerk enters the final order on the docket. File any appeal with the District Court clerk. You will probably need a lawyer to help you go forward with an appeal. Although some of the costs can be waived, appeals are expensive.

CAUTION: Generally speaking, the court reviewing an appeal can only overturn "mistakes of law." So, if you think that the Judge has made a legal error, you can appeal that issue. This means that you think the Judge violated an existing law. However, in many cases, you may disagree only with the Judge's "findings of fact." In other words, the Judge based the decisions on someone else's version of the truth, not yours. In that case, the appellate court rarely second-guesses the trial court Judge. It will almost always adopt a trial court's findings of fact (assuming they are based on some real evidence). So this is not a good reason to appeal. We advise talking to a lawyer, if you can, before investing time and money in an appeal.

The contested final hearing is a formal court hearing (like the interim hearing, if you had one). The Judge (or Magistrate where child support is the only issue) listens to both sides, then issues a final order. You may give your own testimony and present witnesses and documents. You may cross-examine the other party. The court rules of evidence and procedure apply.

View our short family matter hearing videos to get more tips on how formal court hearings work.

The Magistrate (or Judge) may tell you on the day of the hearing what the final order will say. Or you may receive it in the mail after it has been drafted and signed. The Order takes effect when the clerk enters it on the "court docket," usually the same day the Judge or Magistrate signs it.

• Decide if you should get a lawyer or if it is reasonable and safe to go forward on your own.
• Read this online guide to learn about the legal process.
• Read our Families Change: Parents Guide to learn about helpful parenting strategies during a separation.
• Get your court forms packet. The Summons costs $5.
• Read the court forms instruction sheet.
• Fill out the forms. Get help if you need it.
• Serve and file the forms.
• Prepare for your court meetings and hearings.
• Go to all scheduled court appearances.
• Follow the steps and directions you get from the Magistrate.
• Look back at this guide and ask for help when you have questions.
• Take it one step at a time. You can do this!