Divorce is a difficult process, and it can be made even more difficult when you don’t have the right legal representation. At Zerillo Law Firm, we understand the complexities of divorce and are here to help you through it. Our Portland divorce lawyers have the experience and knowledge to help you navigate the process and ensure that your rights are protected.
When you work with us, you are not handed off to staff and left in the dark. We take time to learn about your family, your goals, and your concerns so we can create a strategy that fits your situation instead of forcing you into a one-size-fits-all approach. Our team guides you through each step—from the first decision to file through negotiations, hearings, and the final judgment—so you know what is happening and why. Because we also handle related areas such as business law and criminal defense, we are prepared to address complex issues that sometimes arise in divorce, like closely held businesses, protection orders, or overlapping criminal allegations.
Divorce is the legal process of ending a marriage. It is also known as “dissolution of marriage.”
Divorce laws vary from state to state, but all states have some form of no-fault divorce. In a no-fault divorce, neither spouse is required to prove that the other spouse did something wrong. Instead, the spouses must simply state that they are no longer compatible and that the marriage is irretrievably broken.
In Maine, a divorce case also addresses all of the legal issues that come with ending a marriage, not just the marital status itself. This usually includes division of marital property and debts, decisions about parental rights and responsibilities if you have children, and whether either spouse will pay or receive spousal support. Understanding that divorce is both an emotional transition and a financial and legal restructuring can help you prepare for the process and make thoughtful decisions instead of reacting in the moment.
There are two types of divorce:
Contested divorce: In a contested divorce, the spouses cannot agree on how to resolve their issues, such as property division, child custody, and alimony. The court will then decide these issues for them.
Uncontested divorce: In an uncontested divorce, the spouses agree on how to resolve their issues and can submit a written agreement to the court. The court will then review the agreement and, if it is fair, approve it.
Key Issues Decided in a Maine Divorce
When you file for divorce in Maine, the court will do more than simply declare that your marriage is over. The judge must also decide several important issues that affect your day-to-day life, especially if you live and work in the Portland area. Understanding these topics ahead of time can help you gather the right documents, think about your priorities, and work more effectively with your attorney to reach a durable resolution.
Property division is one of the most significant questions for many couples. Maine generally follows the concept of marital property, which means the court will look at what was acquired during the marriage and how to divide it fairly. This can include the family home in Portland or a nearby town, retirement accounts, bank accounts, and debts such as credit cards or loans. If one of you owns a business, rental property, or professional practice, those assets often require careful valuation so the outcome is practical and sustainable for both spouses.
Another major area is parental rights and responsibilities when you have minor children. The court will approve a parenting plan that addresses where the children will primarily live, how parenting time is shared, how major decisions are made, and how holidays and vacations are handled. In Cumberland County, parenting schedules often need to fit around school calendars, work schedules, and the realities of travel between households. Spousal support and child support may also be part of your case. These financial orders are intended to address differences in income and the needs of the children, and the court considers several factors, including length of the marriage, work history, and each parent’s role in childcare.
How to File for Divorce in Maine if You Live in Portland
In Maine, you can file for divorce if you or your spouse has lived in the state for at least six months. You can file for divorce in the county where you live or in the county where your spouse lives.
Many people in Portland file in the Cumberland County District Court, and the paperwork and procedures can feel intimidating if you have never been in a courtroom before. A lawyer can help you understand which forms apply to your situation, important deadlines, and how the local court typically schedules case management conferences and hearings. Having guidance at the outset can reduce mistakes that might delay your case or create unnecessary conflict with your spouse.
To file for divorce, you must take the following steps:
Complete the necessary forms: You must complete a Complaint for Divorce and a Summons. You must also complete a Certificate of Divorce and a Family Matter Summary Sheet. If you have children, you must also complete a Child Support Affidavit and a Child Care Expense Verification.
File the forms with the court: You must file the forms with the court and pay a filing fee. If you cannot afford the fee, you can ask the court to waive it.
Serve your spouse: You must serve your spouse with a copy of the forms. You can do this by having a sheriff or a professional process server deliver the forms to your spouse. You can also ask your spouse to sign an Acceptance of Service form.
Wait for your spouse to respond: Your spouse has 21 days to respond to the divorce papers. If your spouse does not respond, you can ask the court to grant you a default judgment.
Attend a hearing: If your spouse responds to the divorce papers, you will need to attend a hearing. At the hearing, the judge will ask you questions about your marriage and your divorce agreement. If the judge approves your agreement, he or she will sign a Decree of Divorce.
How Long Does a Divorce Take in Maine?
In Maine, the divorce process typically takes at least 60 days. However, the process can take longer if the spouses cannot agree on how to resolve their issues.
If the spouses cannot agree on how to resolve their issues, the court will schedule a final hearing. The final hearing is typically scheduled within 90 days of the date that the divorce was filed. However, the hearing can be scheduled sooner if there is an emergency, such as domestic violence.
Beyond these basic timeframes, the actual length of a case often depends on how many issues are in dispute, how busy the local court is, and whether professionals—such as appraisers or guardians ad litem—need to be involved. For example, a straightforward uncontested divorce with no minor children can move through the Cumberland County courts much faster than a contested case involving complex property or disagreements about parenting time. When we represent you, we help you understand what is realistic for your situation and look for opportunities to streamline the process where possible, such as narrowing disputed issues or preparing thoroughly for conferences and mediation.
After the final hearing, the court will issue a final divorce decree. The divorce is not final until the decree is issued.
What Are the Grounds for Divorce in Maine?
In Maine, you can file for divorce on the grounds of irreconcilable marital differences. This is a no-fault ground, which means that you do not have to prove that your spouse did something wrong.
You can also file for divorce on the grounds of:
Adultery
Impotence
Extreme cruelty
Desertion for three consecutive years
Drug or alcohol addiction
Insanity
It is generally easier to file for divorce on the grounds of irreconcilable marital differences than it is to file for divorce on the grounds of fault. This is because you do not have to prove that your spouse did something wrong.
Choosing between fault and no-fault grounds is a strategic decision that can affect how contested your case becomes. In some situations, alleging fault might be important to you for personal or financial reasons, but doing so can also increase conflict, lengthen the case, and add to your legal fees. When you meet with us, we review your history, discuss available evidence, and explain how different grounds may affect issues like spousal support or the overall tone of negotiations so you can decide what makes sense for your family.
What Is the Difference Between a Legal Separation and a Divorce?
A legal separation is a court order that allows a married couple to live apart. The couple is still legally married, but they are not required to live together.
There are several reasons why a couple may choose to get a legal separation instead of a divorce.
For example, a couple may choose to get a legal separation if they:
Do not want to get a divorce for religious reasons
Do not want to get a divorce for financial reasons
Do not want to get a divorce for personal reasons
Do not meet the residency requirements for a divorce
There are also several reasons why a couple may choose to get a divorce instead of a legal separation.
For example, a couple may choose to get a divorce if they:
Want to get remarried
Want to change their name
Want to end their financial relationship
Want to end their property relationship
Want to end their inheritance rights
There are several ways to get a legal separation in Maine.
For example, you can get a legal separation by:
Signing a separation agreement
Filing a complaint for legal separation
Filing a complaint for support
Filing a complaint for custody
If you and your spouse have children, you will need to have a parenting plan in place before you can get a legal separation. A parenting plan is a written agreement that outlines how you and your spouse will share parenting time and responsibilities.
Because a legal separation looks very similar to a divorce in terms of the court process, it is helpful to talk with a lawyer about your long-term goals before choosing a path. We often help clients in Portland weigh the practical pros and cons, including how health insurance, taxes, retirement accounts, and future plans to relocate could be affected. By understanding the legal differences and the real-world impact, you can decide whether to move forward with a legal separation, a divorce, or a carefully drafted private agreement that supports your family’s needs.
If you and your spouse have a separation agreement, you can ask the court to convert the agreement into a divorce agreement. If the court approves the agreement, it will issue a final divorce decree.
Frequently Asked Questions
Do I Have To Go To Court For A Divorce In Maine?
Most divorce cases in Maine require at least one court appearance so the judge can review your agreement or hear evidence about disputed issues. In Cumberland County, this often includes a case management conference and, if needed, a final hearing at the District Court in Portland. If you and your spouse are able to reach a complete agreement before the hearing, the time in front of the judge is usually brief and focused on confirming that you understand and accept the terms.
How Much Does A Divorce Cost In Maine?
The cost of a divorce varies depending on how contested your case is, how many issues there are to resolve, and how much negotiation or court time is required. Filing fees are set by the Maine courts, and you may also need to budget for expenses such as service of process, appraisals, or guardian ad litem fees in parenting cases. Working with an attorney can help you understand where your money is going, set realistic expectations, and make informed choices that may help control overall costs.
Can We Use Mediation In A Maine Divorce?
Mediation is commonly used in Maine divorce cases to help spouses reach agreements on parenting arrangements, property division, and support. A neutral mediator meets with both of you to explore options and look for solutions you can both accept, often making the process less stressful than a full trial. Local mediators who regularly work with families in the Portland area are familiar with the expectations of the Cumberland County courts and can help you craft detailed, practical agreements that a judge is likely to approve.
Contact Our Divorce Attorneys Today
If you’re considering a divorce in Maine, working with an experienced local attorney can make all the difference. Our Cumberland County team knows the ins and outs of Portland courts and Maine family law. We offer personalized guidance on custody agreements, property division, and support matters, helping you make informed decisions at every step. We listen carefully to your concerns, answer your questions, and develop a plan designed to protect both your interests and your family.
Tim Zerillo was tremendous, super helpful and considerate with my case. He got my case dismissed in no time which saved me a lot time, money and stress. Great guy! Thank you again :)
