Residency Requirements
In order to file for divorce in Montana one or both spouses must have resided in Montana for at least ninety (90) days immediately prior to the divorce being granted. If the divorcing parties have minor children, the minor children must have resided in Montana for at least six (6) months prior to the divorce being filed in order for the Court to have jurisdiction over matters of the children.
Fill Out your Forms
When filing for a divorce you must file certain documents as required by the Court. If the parties agree on all matters of the divorce before the divorce is filed, they can file for Joint Dissolution.
Forms to be completed and filed by all people filing for no-fault divorce in Montana include:
- Petition for Dissolution (no kids)/Joint Petition for Dissolution
- Summons and Temporary Economic Restraining Order
- Petitioner's Preliminary Declaration of Disclosure of Assets, Debts, Income, and Expenses
- Notice and Acknowledgment of Receipt of Summons and Petition for Dissolution
- Praecipe
- Service by Publication
Forms for couples with children include:
- Petition for Dissolution (with kids)
- Notice of Filing Child Support Guidelines Financial Affidavit
- Notice and Acknowledgment to Child Support Enforcement Division
- Child Support Worksheet
- Proposed/Final Parenting Plan
If both parties agree on the terms of their divorce they should complete a Divorce Settlement Agreement. You can use Rocket Lawyer's easy interview process to complete this agreement, which outlines the terms of the division of property, assets and debts in your divorce. Completing this document will help you avoid the cost and time involved in going to trial but is contingent on the parties being in agreement.
Make Copies of your Forms
Once you have filled out the appropriate forms, make at least two copies of each. One set will be filed with your Court Clerk's Office, and one should be kept for your records.
Bring your Completed Forms to your Court Clerk's Office and Pay the Fee
Proceed to your Court Clerk's Office with the originals and copies of your forms. If everything is in order, the Clerk will use the original forms and ask you to pay a fee to file. Additional forms will be required as the divorce proceeding works its way through the system. You will need to stay in touch with the County Clerk to ensure no deadlines are missed.
Additional Assistance
You can use Rocket Lawyer to Find a Lawyer near you who can provide you with further assistance in completing your divorce.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.
