10 Maine Divorce Mistakes to Avoid (2026)

Mistake #1 — Skipping the Financial Statement

The Financial Statement is mandatory in every Maine divorce — even agreed cases where there is no dispute about money. Courts will not finalize the divorce without both parties' Financial Statements on file.

Fix: Both parties complete their own Financial Statement (available at courts.maine.gov or ptla.org) as part of the initial filing package.

Mistake #2 — Skipping the Parent Education Program

When minor children are involved, both parents must complete a court-approved parent education program and file completion certificates. The divorce cannot be finalized without both certificates.

Fix: Enroll as soon as you file. The program is typically just a few hours, but delays in completing it directly delay finalization.

Mistake #3 — Not Recording the Deed at the Maine Registry of Deeds

Marital property deed transfers take effect legally only when recorded. The deed must go to the Registry of Deeds in the county where the property is located — not to the District Court.

Fix: After the Final Judgment, record all Quitclaim Deeds at the Maine Registry of Deeds. Fee: ~$20/page.

Mistake #4 — No Refinancing Deadline for the House

If one spouse keeps the house, the other remains on the mortgage until refinancing. Without a deadline in the Divorce Agreement, there is no enforcement mechanism.

Fix: Include a specific refinancing deadline (90–180 days) and a fallback sale provision in the Divorce Agreement.

Mistake #5 — Skipping the QDRO for Retirement Plans

The Final Judgment does not automatically transfer employer retirement benefits. A separate QDRO is required for ERISA plans.

Fix: After the Final Judgment, work with a QDRO specialist for private plans. For MainePERS (state employees), contact mainepers.org for domestic relations order procedures.

Mistake #6 — Commingling Non-Marital Property

If you deposit an inheritance or pre-marital savings into a joint account or use those funds for marital expenses without documentation, they can become marital property subject to division.

Fix: Keep non-marital property in separate accounts. Document all non-marital assets with records showing their origin. Include explicit non-marital property acknowledgment in the Divorce Agreement.

Mistake #7 — Thinking No Minimum Residency Means You Can File From Out of State

"No minimum residency" means there is no minimum period of Maine residency — but you must currently reside in Maine. You cannot file Maine divorce papers while living in another state and simply declaring Maine as your home.

Fix: Confirm that Maine is your current, actual, primary residence before filing.

Mistake #8 — Not Addressing All Marital Debts in the Divorce Agreement

Creditors are not bound by your Divorce Agreement. If your ex defaults on a joint debt you assigned to them, the creditor can still pursue you.

Fix: List every marital debt with creditor name, account number, balance, who assumes it, and indemnification language. Where possible, refinance joint debts into the responsible spouse's name alone.

Mistake #9 — Ignoring Spousal Support Entirely

Some spouses waive spousal support without understanding the long-term financial implications — particularly after long marriages where one spouse sacrificed career advancement.

Fix: Both parties review the Financial Statements before waiving support. Consider having an attorney or financial advisor review the spousal support decision.

Mistake #10 — Not Updating Beneficiary Designations

The Final Judgment does not automatically change beneficiary designations on life insurance, retirement accounts, or payable-on-death accounts.

Fix: Update all beneficiary designations immediately after the Final Judgment is entered.

Last reviewed: March 2026 | Financial Statement required in all cases | Parent education both parents — certificates required | Registry of Deeds for deed recording | Refinancing deadline essential | QDRO required | MainePERS DRO | Non-marital documentation | Current Maine resident required | courts.maine.gov | ptla.org

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.