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Maine Divorce Residency Requirements

In order to file your Complaint for Divorce in Maine, you must make sure the Family Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Maine residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing 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)

Since divorce is governed by state law, it is required that you meet specific residency requirements in order to file for a divorce in the state of Maine. It is most common that people file for a divorce in the county in which they live. You can also read more about the Maine residency requirements in the Maine state statutes located at: http://janus.state.me.us/. If you are unsure of whether or not you meet the Maine residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.