Ways to Legally Separate from Your Spouse: Divorce, Annulment, and Judicial Separation

In Maine, if you are looking to separate from your spouse or to end your marriage, there are three different kinds of cases that you may file in the District Court: (1) divorce, (2) annulment, and (3) judicial separation. This page provides basic information on each type of case to help you decide which one may be right for you.

What is a divorce?

Divorce is the most common type of case filed when married spouses intend to permanently separate. As part of a divorce, the court may legally end your marriage,  decide  parental rights and responsibilities (custody and decision making) for any minor children shared by you and your spouse, divide any property owned by you or your spouse (like real estate or personal property), change your names, and order payment of child support, spousal support, or both. More information about divorce can be found on the Divorce page of the website.

What is an annulment? 

An annulment is an order issued by a court that states that a marriage never happened. In Maine, you can ask for an annulment only for certain limited reasons including, for example, because you were or your spouse was married to someone else at the time you got married, or you are too closely related to your spouse. As part of an annulment order, the court can decide parental rights and responsibilities (custody and decision making) for any minor children shared by you and your spouse, change your names, and order payment of child support.

What is a judicial separation? 

A judicial separation is a type of case you can file if you intend to separate from your spouse for more than 60 days but stay legally married. As part of a judicial separation case, the court can decide parental rights and responsibilities (custody and decision making) for any minor children shared by you and your spouse, determine possession of yours and your spouse's owned or rented property and personal property, and order payment of child support, spousal support, or both.

Where do I get the forms to start one of these cases?

The Forms page of our website has forms to start any of these cases. You can also ask for the forms at any district court in Maine. List of Maine district courts.

How do I get help with my case?

Court staff are not allowed to give legal advice. If you want legal help with your case, you may hire a lawyer. You may also visit the Legal Help & Guides page on our website. This page has information about how to get legal help. Some of the services are free or low-cost for low-income parties.