An action for divorce or annulment shall not be in order for final hearing until 60 days or more after service of the summons and complaint; nor shall it be in order for hearing until there is on file with the court a statement signed by the plaintiff, which may be contained in the complaint, stating whether any divorce or annulment actions have previously been commenced between the parties, and if so the designation of the court or courts involved and the disposition made of any such actions. Except as the court may otherwise direct, no case involving real estate shall be ready for final hearing until the real estate certificates have been completed as required by Rule 108.
Rule 113.Time for Final Hearing
Last verified July 8, 2026
In one sentenceRule 113 bars a final hearing in a divorce or annulment action until 60 days after service and until the plaintiff has filed a statement disclosing any prior divorce or annulment actions between the parties, requires completed real estate certificates before a real-estate case is ready for hearing, requires a military-status affidavit when the responding party hasn't appeared, and sends every case to the trial list once pretrial work is done.
Full Text of Rule 113
If the responding party has not entered an appearance, the party initiating the action shall file a Federal Affidavit stating under oath that the responding party is not serving in the military or an affidavit signed by the responding party waiving rights conferred by the Service Members Civil Relief Act.
Other matters may be scheduled for trial at such time as pretrial proceedings are complete and the matter is in order for hearing on the merits. All actions under this chapter shall be transferred to the trial list by order of the court.
Advisory Committee’s Notes & Reporter’s Notes
Advisory Notes — June 2008
Rule 113 is based on Rule 80(i). By referring to final hearings, the rule clarifies that interim hearings are available to the parties before the 60 days.
The rule recognizes that the court has the authority to set cases for trial or final hearing and that in some actions such as Emancipation, Motions for Enforcement and Motion for Contempt, the court may order a case to a final hearing without going through the case management system. This paragraph of the rule is derived from Rule 80(h).
Plain-English Summary
A divorce or annulment case can't go to final hearing until at least 60 days after service of the summons and complaint, and not until the plaintiff files a signed statement, which can be part of the complaint, disclosing whether the parties have previously filed for divorce or annulment against each other and, if so, where and how those cases ended. Unless the court directs otherwise, a case involving real estate isn't ready for final hearing until the parties have filed the real estate certificates Rule 108 requires. If the responding party hasn't entered an appearance, the party who filed must submit either a federal affidavit confirming the responding party isn't in the military or an affidavit signed by the responding party waiving Service Members Civil Relief Act protections. Once pretrial proceedings finish and a matter is ready to be heard on the merits, the court transfers it to the trial list.
Frequently Asked Questions
How soon after filing can a Maine divorce go to final hearing?
Not before 60 days after service of the summons and complaint, and not until the plaintiff has filed a statement disclosing any prior divorce or annulment actions between the parties.
What's required before a real estate divorce case can be heard?
Completed real estate certificates under Rule 108, unless the court directs otherwise.
What happens if the responding party in a divorce hasn't appeared?
The filing party must submit a federal affidavit confirming the responding party isn't in the military, or an affidavit the responding party signs waiving Service Members Civil Relief Act protections.
Source & verification. The rule text and Advisory Committee’s Notes / Reporter’s
Notes are reproduced verbatim from the official Maine Rules of Civil Procedure (Me. R. Civ. P. 113), prescribed by the
Supreme Judicial Court of Maine (4 M.R.S. § 8, the Rules Enabling Act). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: divorce waiting period Mainefinal hearing requirements family courtmilitary affidavit divorce Maine