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Understanding Marriage Annulment in Maine
In Maine, annulment is a legal procedure that renders a marriage invalid. Maine laws permit couples to file a complaint for annulment if they have doubts about the validity of their marriage. They may only file for specific reasons like bigamy, incest, or mental or physical incapacitation.
A marriage annulment is not the same as a divorce in Maine. Although they are both types of marriage dissolution, divorce only applies when the marriage is considered valid and legal under state laws. Couples may divorce for any reason, from irreconcilable differences to adultery. In contrast, annulment invalidates a marriage record.
These forms of marriage dissolution also differ based on their outcome. Unlike in a divorce, couples in an annulled marriage are often ineligible for spousal support or property division.
Grounds for Annulment in Maine
Title 19-A (Section 660) of the Maine Revised Statutes outlines legal grounds for annulment. Per the states, the petitioner may seek annulment under these reasons:
- The parties are related by blood. However, this does not apply to marriages between first cousins.
- Either party was under the authority of a guardian but failed to get the guardian’s consent to the marriage.
- Either of the parties was still legally married to another as of the date of the marriage event.
- Either party lied about the number of previous marriages.
- Either of the parties was too young to consent to the union.
The state may also consider annulment for these non-statutory reasons:
- Either of the parties was mentally incapacitated and unfit to consent to the marriage.
- Either of the parties was physically unable to consummate the marriage for reasons such as impotence.
- A party used fraud or force to make the other consent to the union.
Eligibility Requirements for an Annulment in Maine
You are typically required to fulfill specific criteria when filing for annulment in Maine. The requirements include having a legal reason for annulment and having a residency status. For instance, you or your spouse must have lived in the state for at least 60 days before filing for annulment. You may file the petition in any of the state’s district courts.
There is no timeline or statute of limitations for filing an annulment in Maine. You may file for annulment as soon as you discover the legal reasons to start the process. For specific cases, you may lose the right to file for annulment after a particular timeframe. Case in point: parties who were underage at the time of the marriage event may lose their right to annul if they waited too long after attaining the legal age.
How to Get a Marriage Annulled in Maine
Maine residents may annul a marriage by following these steps:
- Determine if they meet the legal requirement: Parties seeking to annul a marriage may fulfill one of the reasons outlined in Section 660 of the Maine Revised Statutes. These reasons may include bigamy, mental or physical incapacitation, incest, or underage marriage. You might also annul a marriage if you were coerced or a victim of fraud.
Note: You may contact the local district courthouse if unsure about your eligibility to seek annulment.
- Gather the necessary documents: Petitioners are typically required to submit a Complaint for Annulment to the local district court. In addition, they may submit files to back up their reasons for annulment.
For example, you may include a marriage certificate or wedding photographs if filing on the basis of bigamy. The local district court might provide more information about the required documents. - File the documents with the court: Make copies and file the required documents in the district court where you reside. Some courts allow online and offline filing. To use the online filing option, you may visit the district court’s or clerk’s website. For example, the Bangor County district court allows online filing for annulment-related cases.
Petitioners may file the documents offline, either via mail or in-person request to the district courthouse during official business hours. Case in point: The West Bath district court in Sagadahoc County accepts offline filing for annulment at this address:
101 New Meadows Road
West Bath, ME 04530
Phone: (207) 442-0200 - Pay the filing fee: The state of Maine charges a $120 filing fee for family-related cases, which may also apply to petitions for marriage annulment. Note that the filing fee may vary for each local district court. So, always confirm the current filing fees at the local courthouse.
The state courts allow petitioners to waive the filing fee, provided they submit these documents:- A completed Application to Proceed without Payment of Fees (CV-067)
- An affidavit that contains the petitioner’s financial information.
- Serve the papers to the other party (defendant): Per the Maine Judicial Branch, you are required to serve copies of necessary documents to the defendant. The required documents include the following:
- Copy of Petition to Annul Marriage.
- Answer and Counterclaim for Annulment.
You may serve the papers using any of these options: - Serve the paper in person or via mail to the defendant.
- Pay a sheriff to deliver the documents to the defendants.
Note: Upon receiving the papers, defendants have a 21-day deadline to submit a response to the court.
The court may set up a hearing date to review submissions from both parties. If the reasons are valid, the court will issue an order of annulment. Note that the court may make provisions for child custody and support if the union resulted in children.
Required Forms and Documentation for an Annulment in Maine
In Maine, petitioners are generally required to submit a completed Complaint of Annulment to the local district court. The courts may require additional documents based on your unique circumstances. For example, persons filing for annulment on the basis of fraud must provide documents to support the claim.
Such documents may include recordings or financial statements that provide evidence of fraud. There are also instances when notarized statements from witnesses are required when filing for annulment.
Note: You may contact the local district court to determine the required documents.
Where to File for an Annulment in Maine
You may file for annulment at a local district court in Maine. In most cases, it’s preferable to file in the court where you or the party reside. The district court clerk may accept filings for annulment cases.
There are also options for online filing for annulment cases in Maine. As of November 2025, only the Bangor County district court allows online filings for annulment and domestic relations cases.
Annulment Timelines and Waiting Periods in Maine
There is no deadline for filing an annulment in Maine. Petitioners can file for annulment at any time after the marriage event. Nevertheless, it’s preferable to file for annulment as soon as you have the legal grounds to do so. This is because the court may refuse certain annulment petitions if enough time has elapsed. For instance, the court may not annul marriages if the petitioner, who was underage at the marriage, waited too long after attaining the legal age.
Annulment case proceedings are generally fast since there are usually no complications in the form of property disputes or alimony. Nevertheless, issues like missing paperwork, court backlog, and contested grounds may delay the court process.
Costs and Court Fees for an Annulment in Maine
According to the Maine Judicial Branch, family-related cases are subject to a $120 filing fee. However, a local district court may set a different filing fee. Therefore, it is essential to confirm the cost of filing for an annulment at your local district court.
Besides the filing fee, petitioners may incur expenses such as attorney fees and court service costs. Petitioners may avoid some of these costs by self-representing themselves and by filing a fee waiver. To get a fee waiver, you must provide the following documents:
- A completed Application to Proceed without Payment of Fees (CV-067)
- An affidavit that contains the petitioner’s financial information.
After the Annulment: What Happens Next?
A marriage ceases to exist after the district court issues an order for annulment. In Maine, the court automatically restores you to your original status after an annulment. Parties in an annulled marriage may not receive spousal support or access properties accrued during the union. However, the court may make provisions for children produced within the union.