(a) Hearing. Unless otherwise provided by these rules, no final judgment, other than a dismissal for want of prosecution, shall be entered in an original action under these rules except after hearing, which may be ex parte if a party does not appear. With the permission of the court, a party may appear at a hearing by telephone or by video-conference.
Rule 115.No Judgment Without Hearing; Judgments to be Final
Adopted July 1, 2016 · Last verified July 8, 2026
In one sentenceRule 115 requires a hearing, which may be ex parte if a party doesn't appear, before any final judgment in a Family Division action other than a dismissal for want of prosecution, allows telephone or video appearance with the court's permission, and makes most final Family Division orders immediately appealable despite any other claim still pending in the case.
Full Text of Rule 115
(b) Finality. Unless otherwise ordered by the court on its own motion or on request of a party, any order granting a divorce, annulment, judicial separation, disposition of property, or other disposition, award, or division of property incident to a divorce, annulment, judicial separation or any order relating to paternity, parentage, parental rights and responsibilities including child support, emancipation, and visitation rights of grandparents, other than a temporary or interim order under these rules, shall be a final judgment, notwithstanding the pendency of any other claim or counterclaim in the action.
Advisory Committee’s Notes & Reporter’s Notes
Advisory Note - July 2016
The addition of the word “final” in Rule 115(a) is intended to clarify that the rule applies to final judgments in family matter cases. Note that Rule 117(b) allows the court to enter an order by default without a hearing when only a modification in child support pursuant to 19-A M.R.S. § 2009(6) is requested.
Advisory Notes — June 2008
Rule 115 is based on Rule 80(f). Current practice specifically authorized by Rule 80(f) appears more liberal than some of the current provisions of the Family Division rules by allowing appearances and participation by parties who do not file answers and other documents. See FAM Div.III.H.1. Hearing rights, without a prior appearance, are addressed in Rule 105(a).
The current practice is to permit parties to appear at hearing by telephone or by video-conference, particularly in uncontested matters. The court has discretion to determine whether the interests of justice are served by permitting a party to appear and testify by telephone or by video- conference in a contested matter.
The rule is amended to list all the actions that may be brought under this chapter. It specifies that no judgment in an original action may be entered without a hearing. Judgments and orders on post-judgment motions may be entered without a hearing when there is an agreement regarding the post-judgment motion or order.
Plain-English Summary
Except for a dismissal for want of prosecution, no final judgment in a Family Division action can be entered without a hearing, though the hearing may proceed ex parte if a party doesn't show up. With the court's permission, a party may appear by telephone or video conference rather than in person.
Unless the court orders otherwise, on its own motion or a party's request, an order granting a divorce, annulment, judicial separation, or a disposition, award, or division of property tied to one of those, or an order on paternity, parentage, parental rights and responsibilities including child support, emancipation, or grandparent visitation, counts as a final judgment the moment it's entered, even if another claim or counterclaim in the same case is still pending, as long as it isn't a temporary or interim order.
Frequently Asked Questions
Is a hearing required before a final judgment in a Maine Family Division case?
Yes, except for a dismissal for want of prosecution; the hearing may be ex parte if a party doesn't appear.
Can a party appear at a Family Division hearing by phone or video?
Yes, with the court's permission.
Is a divorce order final even if other claims in the case are still pending?
Yes. Rule 115(b) makes most final Family Division orders, divorce, annulment, parental rights, support, and similar dispositions, immediately final despite a pending claim or counterclaim, unless the court orders otherwise.
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. 115), 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: hearing required before divorce judgmentex parte family court hearing Mainefinality of divorce judgment Maine