Following the United States Supreme Court’s decision in Obergefell v. Hodges, 576 U.S. 644 (2015), there is no real difference in the divorce process for same-sex couples and opposite-sex couples. But same-sex couples may encounter some additional complications in the divorce process regarding issues such as child custody if, for example, one of the same-sex spouses was the biological mother and the biological father did not agree in writing to terminate his parental rights, and later seeks custody of the child.

In Maine, following the Supreme Court's decision in Obergefell v. Hodges, same-sex couples have the same rights and responsibilities regarding marriage and divorce as opposite-sex couples. This means that the legal process for dissolving a marriage, dividing assets, determining alimony, and other aspects of divorce are the same regardless of the gender of the spouses. However, same-sex couples may face additional challenges, particularly concerning child custody issues. If a child was born to one spouse during the marriage, and the other spouse is not a biological parent who has not legally adopted the child, the non-biological parent may face difficulties in asserting custody rights. This can become more complex if the biological father, who did not terminate his parental rights, seeks custody. In such cases, it is crucial for non-biological parents to understand their legal position and may require the assistance of an attorney to navigate the complexities of parental rights and child custody laws in Maine.