How are Divorce Records Generated in Maine?

Divorce records include any document generated at any point in dissolving a marriage or union. These could be case files such as divorce complaints, affidavits, summons, orders of appearances, and financial information. They could also include documents generated at the end of the divorce process, such as divorce decrees and certificates.

There are 8.3 divorces per 1,000 women aged 15 and above in Maine. Divorces may be granted on a no-fault or fault basis. Grounds for divorce in Maine include:

• Irreconcilable marital differences
• Adultery
• Impotence
• Cruel and abusive treatment
• Utter desertion for three consecutive years before the divorce filing
• Extreme cruelty
• Nonsupport
• Gross habits of intoxication from drug or liquor use

Divorce may be contested or uncontested. In an uncontested divorce, the parties agree on the terms and conditions of the divorce, such as spousal support, child support, child custody, debt and asset division, property use and division, and child visitation. Uncontested divorces are typically finalized quickly than contested divorces.

In a contested divorce, the parties cannot agree on the terms and conditions of their divorce. These types of divorce cases typically take longer to finalize. For both contested and uncontested divorces, Maine has a mandatory waiting period of 60 days between filing the divorce complaint and the divorce hearing.

Generally, to be eligible for divorce in Maine, applicants need to have legal grounds and meet the residency requirements. Either or both parties in the divorce must have lived in Maine for at least 6 months before the filing of the divorce complaint. Interested persons may also be eligible to file for divorce in Maine if:

• The plaintiff is a Maine resident and got married in Maine
• The defendant is a resident
• The plaintiff is a resident and lived in Maine at the time the grounds for divorce arose

Divorce is finalized when a judge delivers the final divorce judgment and issues a Decree of Divorce. Divorce records are filed with the town or city clerk in the county where the divorce was granted. Divorce records created after January 1, 1892, are maintained by the Department of Health and Human Services, Maine Center for Disease Control and Prevention, Data, Research, and Vital Statistics (DRVS) office, and most municipal offices statewide.

Are Divorce Records Public in Maine?

Under Maine's Freedom of Access Act, some parts of divorce records are publicly unavailable. Examples of such parts include social security numbers, financial information, child custody information, or any information that would threaten a child's life or safety if made available to the public. Records containing information about victims of abuse or domestic violence are also sealed by law.

Maine is a closed records state. This means that to obtain certified copies of vital records, requestors must submit written requests and valid identification. Requestors may also be required to show a legitimate interest in the record requested or prove their relationship to persons named on the record. Requestors may need to present the reasons for their request or show that they are related to either party named on the record.

Uncertified copies may be available to the public for a fee; however, uncertified copies are marked as not useful for legal purposes.

What are the types of Divorce Records available in Maine?

Divorce records available in Maine include case files, certificates of divorce, and the final divorce decree. Case files include documents generated during the divorce process, from the filing of the divorce complaint to the delivery of the final divorce judgment. Complaints, affidavits, and summons are examples of case files. The clerk of the district court in the county where the divorce is granted maintains case files.

The state issues divorce certificates as legal proof of the dissolution of a marriage or for record purposes. They contain a summary of the divorce details, such as the names of the parties in the divorce, the venue or county where the divorce was granted, and the date the divorce was finalized. A divorce certificate is not a court document. The Vital Records office in Maine issues divorce certificates.

A divorce decree, or the Final Decree of Divorce, is the final order of the court that grants the dissolution of a marriage or union. The decree contains all the terms and conditions of a divorce and the court's decision on matters like child custody, visitation rights, property and asset division, alimony, or spousal support. It is usually multiple pages long and must be followed by both parties in the divorce.

A divorce decree is enforceable. This means that if one party in the divorce does not follow the court's order, the other party may file a motion to enforce the Final Decree of Divorce.

Divorce is finalized when the judge and the court clerk sign and date the final decree of divorce. The town or city clerk in the county where the divorce is granted maintains divorce decrees, which are also available at the Vital Records Office.

Except for case files, divorce records may be used as legal proof of divorce in matters such as immigration and citizenship, remarriage, and social security matters.

How Do I Get Divorce Records in Maine?

Divorce records may be obtained in Maine in person, by mail, or online. To view a divorce record in person, requesters may visit the town or city clerk in the county where the divorce was granted.

To request a divorce record by mail, requestors typically require a completed request form, valid photo identification, and a money order or payment check payable to Treasurer, State of Maine. The request is then mailed in a stamped and self-addressed envelope to:

Vital Records
11 State House Station, 220 Capitol Street
Augusta, ME 04333–0011

Acceptable means of identification include a passport, driver's license, or any other government-issued photo identification. Persons who do not have acceptable photo identification may present two alternative documents with their names on them. Acceptable alternatives are:

• Bank statement
• Utility bill
• A copy of the income tax return
• A personal check with an address
• A letter from a government agency requesting a vital record
• A previously issued vital record
• A social security card
• A Department of Corrections identification card
• Voter's registration card
• Medicare or Medicaid insurance card
• A pay stub
• A license or rental agreement
• A hospital birth worksheet
• A DD214
• A school or employee photo identification card
• Other forms of identification that list the requester's name, date of birth, and address

A certified copy of a divorce record costs $15, and additional certified copies of the same divorce record will each cost $6. Non-certified copies cost $10. Checks and money orders are the only acceptable payment methods, as the Vital Records Office does not accept credit card information over the phone. The office also does not accept online orders.

Requests may need to be submitted online or over the phone to a government-approved third-party website to get divorce records online. The website may charge additional fees for using its service and expediting requests.

The following information is required for the fulfillment of divorce records requests:

• The full names of the divorced parties as listed at the time of divorce
• The date the divorce was finalized
• The city or town where the divorce was finalized
• The requestor's telephone number

Who Can Obtain Divorce Records in Maine?

Persons requesting certified copies of divorce records in Maine may be required to show a legitimate interest in the record requested or prove their relationship to the parties named on the divorce record. This is because Maine is a closed records state. Parties named on the record, members of their immediate family, or authorized representatives of either party named on the record are authorized to request copies of divorce records. Requestors will be required to show valid, government-issued identification before their requests for divorce records may be fulfilled.

Are Maine Divorce Records available online?

Certified copies of divorce records are available online through third-party websites. However, copies available may contain only summaries of the divorce records, and actual divorce records may not be available through some third-party sites. The Vital Records Office does not accept or fulfill online requests for divorce records.

How Do I Seal My Divorce Records in Maine?

Persons wishing to seal parts or all of their divorce records may petition the court to have them sealed. If the court decides that good cause is shown or that sealing the records benefits the public good, the motion may be granted and the records sealed. By law, some divorce records are not accessible to the public. Examples are records of financial information, social security numbers, information about children, or child custody. Records containing information about victims of abuse or domestic violence are also not accessible to the public.