Montana Divorce Online Forms. Do it yourself divorce papers. Divorce form for No-fault Uncontested Divorce

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Montana Code Annotated, Title 40 - Montana divorce online forms. Do it yourself divorce papers for no-fault and uncontested divorce.

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Montana Uncontested Divorce Online  

Montana
Uncontested Divorce Online

Before you start completing your uncontested divorce forms with us, please read all the requirements for Montana divorce. Make sure that your situation matches all the requirements.

 
  Uncontested Divorce Forms Online  
 

Requirements for Montana divorce
Source: Montana Code Annotated, Title 40

bullet link Grounds for divorce
bullet link Residency requirements
bullet link Where to file
bullet link Summary dissolution
bullet link Property distribution
bullet link Legal separation
bullet link Child support
bullet link Name change

  GROUNDS FOR DIVORCE    

The only ground for divorce in Montana is irretrievable breakdown of the marriage.
 
In order for the court to find that the marriage is broken the evidence of living separate and apart for more than 180 days prior to filing for divorce must be presented; or, the petitioner must prove that there is serious marital discord that adversely affects the attitude of one or both of the parties toward marriage. (Montana Code, 40-4-104)
 
If a party requests a decree of legal separation rather than a decree of dissolution of marriage, the court shall grant the decree in that form unless the other party objects. (Montana Code, 40-4-104)

 
bullet link  What is the difference between fault divorce and no-fault divorce?

  RESIDENCY REQUIREMENTS    

Either petitioner or respondent has to be a resident of the county of filing for at least 90 days preceding the filing of an action, or, one of the parties presence in Montana for 90 days prior to filing for divorce while a member of the armed forces. (Montana Code, 40-4-104)

  WHERE TO FILE    

The Petition for dissolution of marriage shall be filed in District Court for the County of … (the residence of either spouses).

  SUMMARY DISSOLUTION    

A marriage may be dissolved by the summary dissolution procedure if all of the following conditions exist on the date the proceeding is commenced:
  1. Each party has met the residence and filing requirements with regard to dissolution of marriage.
  2. Irreconcilable differences have caused the irretrievable breakdown of the marriage, and both parties agree that the marriage should be dissolved.
  3. The wife is not pregnant and:
    1. there are no children from the relationship born before or during the marriage or adopted by the parties during the marriage; or
    2. the parties have executed an agreed-upon parenting plan and the child support and medical support have been determined by judicial or administrative order for all children from the relationship born before or during the marriage or adopted by the parties during the marriage.
    1. Except as provided in subsection (4)(b), neither party has any interest in real property.
    2. The limitation of subsection (4)(a) does not apply to the lease of a residence occupied by either party if the lease does not include an option to purchase and if it terminates within 1 year from the date of the filing of the petition.
  4. There are no unpaid, unsecured obligations in excess of $8,000 incurred by either or both of the parties after the date of their marriage.
  5. The total fair market value of assets, excluding secured obligations, is less than $25,000.
  6. The parties have executed an agreement setting forth the division of assets and the assumption of liabilities and have executed any documents, title certificates, bills of sale, or other evidence of transfer necessary to effectuate the agreement.
  7. The parties waive any right to maintenance.
  8. The parties, upon entry of final judgment of dissolution of marriage, irrevocably waive their respective rights to appeal the terms of the dissolution and their rights to move for a new trial on the dissolution.
  9. The parties have read and state that they understand the contents of the summary dissolution provided in Montana Code, 40-4-136.
  10. The parties desire that the court dissolve the marriage.
(Montana Code, 40-4-130)

  PROPERTY DISTRIBUTION    

In a proceeding for dissolution of a marriage, legal separation, or division of property following a decree of dissolution of marriage or legal separation, the court, without regard to marital misconduct, shall, and in a proceeding for legal separation may, finally equitably apportion between the parties the property and assets belonging to either or both, however and whenever acquired and whether the title thereto is in the name of the husband or wife or both. In making apportionment, the court shall consider the duration of the marriage and prior marriage of either party; the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties; custodial provisions; whether the apportionment is in lieu of or in addition to maintenance; and the opportunity of each for future acquisition of capital assets and income. (Montana Code, 40-4-202)

  LEGAL SEPARATION    

Grounds for legal separation are the same as for divorce.
 
After 6 months of entry of a decree of legal separation, the court shall, upon motion of either party, convert the decree of separation to a decree of dissolution of marriage. (Montana Code, 40-4-108)

  CHILD SUPPORT    

In a proceeding for dissolution of marriage or legal separation, the court shall order either or both parents to pay an amount reasonable or necessary for the child’s support, without regards to marital misconduct.
 
Among factors that the court will consider are:
  • the financial resources of the child; the financial resources of the parents;
  • the standard of living that the child would have enjoyed had the marriage not been dissolved;
  • the physical and emotional condition of the child and the child's educational and medical needs;
  • the age of the child; the cost of day care for the child;
  • any parenting plan that is ordered or decided upon; and
  • the needs of any person, other than the child, whom either parent is legally obligated to support.
(Montana Code, 40-4-204)
 
The best interest of the child is the standard for determining a parenting plan. (Montana Code, 40-4-212)

  NAME CHANGE    

Upon request by a wife whose marriage is dissolved or declared invalid, the court shall order the wife's maiden name or a former name restored. (Montana Code, Section 40 - Title 4-108)
 
  Uncontested Divorce Forms Online  
 
 

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