Me. Rev. Stat. » Title 19-A
Maine Revised Statutes

Me. Rev. Stat. tit. 19-A, § 901 (2026)

Action for divorce; procedures

✓ current as of May 2026
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1.  Filing of complaint; grounds.  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;   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
B. The plaintiff is a resident of this State and the parties were married in this State;   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
C. The plaintiff is a resident of this State and the parties resided in this State when the cause of divorce accrued; or   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
D. The defendant is a resident of this State.   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
The complaint must state one or more grounds listed in section 902, subsection 1.  
[PL 1999, c. 731, Pt. ZZZ, §29 (AMD); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]
2.  Guardian ad litem.  If the alleged cause is that one of the parties is an incapacitated person, as provided in section 902, subsection 1, paragraph J, the court shall appoint a guardian ad litem to represent the interests of the incapacitated person.  
[PL 2005, c. 594, §1 (AMD).]
3.  Exclusion of public.  In a divorce action, at the request of either party, personally or through that party's attorney, unless the other party who has entered an appearance objects personally or through that other party's attorney, the court shall exclude the public from the court proceedings.  
If the court orders that the public is to be excluded, only the parties, their attorneys, court officers and witnesses may be present.  
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
4.  Corroborating witness not required.  When the merits of a divorce action are not contested, whether or not an answer has been filed, there is no requirement that the testimony of the complaining party be corroborated by witnesses.  
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
5.  Fraud.  The court may not grant a divorce when the parties seek to procure a divorce for fraudulent purposes.  
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
6.  Attorney's fees and costs.  Attorney's fees awarded in the nature of support may be made payable immediately or in installments.  
[PL 2005, c. 323, §4 (AMD).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 1999, c. 731, §ZZZ29 (AMD). PL 1999, c. 731, §ZZZ42 (AFF). PL 2005, c. 323, §4 (AMD). PL 2005, c. 594, §1 (AMD).
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Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 2006–2026 · leading case: Gutierrez v. Gutierrez, 2007 ME 59 (Me. 2007).
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Gutierrez v. Gutierrez, 2007 ME 59 (Me. 2007). · cites it 4× “It held that, pursuant to 19-A M.R.S. §§ 901(1), 1745 (2006), it did not have subject matter jurisdiction over the complaint because Allison had not lived in Maine for six consecutive months prior to filing the divorce.”
Shelly R. Higgins v. Todd A. Wood, 2018 ME 88 (Me. 2018). · cites it 2× “8 (2016), or (2) the District Court in an action for divorce or for the determination of parental rights and responsibilities, see 19-A M.R.S. §§ 901, 1652, 1653(2)(D)(3), 1653(8) (2017).”
Von Schack v. Von Schack, 2006 ME 30 (Me. 2006). · cites it 3× “Personal Jurisdiction [¶ 6] Although Maine’s divorce statute permits a plaintiff to file a complaint for divorce if “[t]he plaintiff has resided in good faith in this State for 6 months prior to the commencement of the action,” 19-A M.R.S. § 901(1)(A) (2005), it does not speak…”
Edward J. Harshman v. Sheila C. Harshman, 2017 ME 60 (Me. 2017). “See 19-A M.R.S. § 901 (2016). Sheila counterclaimed for divorce.”
In re K.S., 2014 ME 71 (Me. 2014). “filed for divorce in 2011 pursuant to 19-A M.R.S. § 901 (2013). While the divorce was pending, DHHS filed a petition for a child protection order, 22 M.”
Dewhurst v. Dewhurst, 2010 ME 99 (Me. 2010). “Title 19-A M.R.S. § 901(4) (2009) requires that the "complaining party” testify at the uncontested divorce hearing, although his or her testimony need not be corroborated by witnesses.”
Casale v. Casale, 2012 ME 27 (Me. 2012). “19-A M.R.S. §§ 901, 951-A, 1653 (2011). The focus of protection proceedings is abusive behavior and the relief necessary to prevent further such behavior.”
Crystal Raucci-Robert, et al. v. Frank Robert, et al. (D. Me. 2026). “Maine law entrusts the Maine District Courts with authority over divorces, 19-A M.R.S. § 901(1), including the right to issue custody and visitation orders regarding minor children.”
Tabarek T.H. Aldarraji v. Tareq I. Alolwan (Me. 2026). “§ 907 (declaring divorces obtained by “residents of the State [who] go out of the State for the purpose of obtaining a divorce” void under certain circumstances), with id.”
— Me. Rev. Stat. tit. 19-A, § 901(1) — 3 cases
Gutierrez v. Gutierrez, 2007 ME 59 (Me. 2007). “It held that, pursuant to 19-A M.R.S. §§ 901(1), 1745 (2006), it did not have subject matter jurisdiction over the complaint because Allison had not lived in Maine for six consecutive months prior to filing the divorce.”
Crystal Raucci-Robert, et al. v. Frank Robert, et al. (D. Me. 2026). “Maine law entrusts the Maine District Courts with authority over divorces, 19-A M.R.S. § 901(1), including the right to issue custody and visitation orders regarding minor children.”
Tabarek T.H. Aldarraji v. Tareq I. Alolwan (Me. 2026). “§ 907 (declaring divorces obtained by “residents of the State [who] go out of the State for the purpose of obtaining a divorce” void under certain circumstances), with id.”
— Me. Rev. Stat. tit. 19-A, § 901(1)(A) — 2 cases
Gutierrez v. Gutierrez, 2007 ME 59 (Me. 2007). “It held that, pursuant to 19-A M.R.S. §§ 901(1), 1745 (2006), it did not have subject matter jurisdiction over the complaint because Allison had not lived in Maine for six consecutive months prior to filing the divorce.”
Von Schack v. Von Schack, 2006 ME 30 (Me. 2006). “Personal Jurisdiction [¶ 6] Although Maine’s divorce statute permits a plaintiff to file a complaint for divorce if “[t]he plaintiff has resided in good faith in this State for 6 months prior to the commencement of the action,” 19-A M.R.S. § 901(1)(A) (2005), it does not speak…”
— Me. Rev. Stat. tit. 19-A, § 901(4) — 1 case
Dewhurst v. Dewhurst, 2010 ME 99 (Me. 2010). “Title 19-A M.R.S. § 901(4) (2009) requires that the "complaining party” testify at the uncontested divorce hearing, although his or her testimony need not be corroborated by witnesses.”
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