Getting a divorce is not a quick and easy process, but it doesn’t have to be as drawn-out and complicated as you may think.
This article will guide you through the simple steps of filing for divorce in Montana and inform you of other possible routes acceptable by the law to simplify things if your situation allows it.
Montana Divorce Requirements
Before you apply for divorce, you need to meet certain conditions, these include:
- Either spouse should be living in the state at the time of filing.
- Your children must have lived in the state for a minimum of 6 months before filing.
- The couple should live separately for at least 180 days before filing for a “no-fault” divorce.
Montana Grounds for Divorce
The legal reasons or grounds to getting a divorce recognized in the state include:
- No-fault divorce: you must state that your marriage is “broken irretrievably” and provide evidence.
- The couple must have had separate living arrangements for a minimum of 180 days before filing.
- The disunity between the couple is so serious that there is no possibility of reconciliation.
Step 1: Fill in and File
Complete all the needed paperwork and file it in the district court of your county. Filing fees will vary. However, if you cannot afford it, you can request a fee waiver.
Here is a list of the forms you will need to fill in and file (depending on your situation, not all forms may be applicable):
- Affidavit for Publication of Summons
- Declaration of Disclosure
- Default
- Notice and Acknowledgment to CSE
- Notice and Acknowledgment
- Notice of Filing Child Support Guidelines Affidavit
- Petition
- Praecipe for Service
- Request for Hearing & Order Granting Hearing
- Summons and TR
- Order of Publication of Summons
- Summons for Publication
- Consent to Entry of Decree
- Vital Statistics Reporting Form
- Parenting Plan
- Notice of Entry of Decree
- Decree
Step 2: Service of Process
(Not applicable in a joint dissolution)
The spouse filing for divorce (petitioner) must serve the divorce papers to the respondent as an act of notification. The court has regulations about which papers should be served to the respondent and the methods used to notify them. These include:
- The petitioner can send a copy of the divorce petition via mail, after which the respondent must sign a “Notice and Acknowledgment” form. The petitioner must file this form with the court as proof that they have notified the spouse.
- The county sheriff can deliver the forms for you and return the written proof that the respondent has received the forms to the petitioner. These must also be filed with the court with the summons.
- If your spouse cannot be located, seek court approval for “service by publication,” a notice of your divorce in the newspaper where your spouse lives.
Contested or Uncontested?
Contested divorce:
When a couple is in disagreement with the terms of the divorce, their divorce becomes contested. Their statements and evidence will be heard in court, where the judge will make the final decisions regarding the disputed matters.
Uncontested divorce:
When a couple is in agreement with the terms of the divorce and crucial matters such as child custody, property division, spousal support, alimony, etc., their divorce becomes uncontested.
Your divorce will fall under one of these two categories: joint dissolution or divorce by default.
Joint dissolution entails both spouses being co-petitioners, and divorce papers are prepared jointly. This is fast and simple because both parties agree on all issues.
Divorce by default is when, after 20 days, the respondent has not replied to the Service of Process supplied by the petitioner. The respondent is then held in “default,” and the final hearing will proceed without their input.
The Different Routes
DIY divorce:
If you would like to avoid extra lawyer expenses, you can choose to do it yourself.
The Montana Judicial Branch website supplies downloadable divorce documents and provides instructions on how to complete them.
Bear in mind that while this may be a very affordable route, you will need extra time and patience to collect and prepare the documentation yourself.
Online divorce:
Submitting an application for divorce online is inexpensive and hassle-free. Divorce companies that enable you to complete divorce online provide the correct documents appropriate to your situation.
For a flat rate, they also supply online assistance and advice. The top 3 web divorce platforms that provide internet divorce are 3StepDivorce, Complete Case, and MyDivorcePapers.com.
Step 3: Finalization
The petitioner may request a divorce by default if the respondent has not replied to the “notice” after 21 days. If the divorce is a joint dissolution, no waiting period is required (co-petitioners can get a final hearing date provided they file the joint petition with the court).
After answering the judge’s questions, the judge will sign the dissolution of marriage, provided they find all matters rational and decent. The respondent is not required to be present, and if this is the case, the petitioner must update them and ensure they receive the final order.
Key Take-away
Before proceeding with the divorce process, you must meet the state’s requirements and grounds.
After completing the correct divorce papers and filing them with the court, notify and send them to your spouse so that they can reply within the given timeframe. Remember also to file the respondent’s response.
Decide whether your divorce is contested or uncontested, and move forward with either a joint dissolution or a default divorce.
To reduce the cost of divorce, you can either do a DIY divorce or divorce over the internet. Both methods can be accomplished without an attorney or lawyer.
Finalize your divorce at the final hearing by providing your testimonies and allowing the judge to sign the dissolution of marriage. The respondent does not have to be present, so you should inform them of the results and provide the final order.