Montana Divorce Questions

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The divorce filing process and other related procedures in this state would differ from that of the other states. The state where one is filing for divorce will have different divorce laws and one should be aware about them. The person filing for divorce or facing divorce proceeding would have several questions related to documents needed to initiate and close a divorce. One should be aware about legal divorce terms like Co-Petitioner, Petition for Dissolution of Marriage, Decree of Dissolution of Marriage etc. Here we have mentioned answers to important Montana divorce questions that are related to legal divorce procedures and important legal terms. Those filing for divorce in Montana need to know that whether Montana is recognized as a no fault state or not.

Some examples of Divorce Questions for Montana:

Q. Introduce a Summary Dissolution Divorce?

A. Consider a divorcing couple who do not have any children of the marriage and have limited liabilities and assets. For such divorcing couples, a more streamlined procedure is designed that is named as a summary dissolution divorce. In fact, it can be considered as a simplified no fault divorce.

Q. Which documents are required to initiate and to close the divorce process?

A. A Petition for Dissolution of Marriage is the document that starts the divorce process. The Decree of Dissolution of Marriage is used to grant the divorce.

Q. What is a co-petitioner?

A. A Petitioner is the divorcing partner, who files the Petition and thereby initiates the divorce process. The spouse of the Petitioner is named as the Respondent. If the divorcing parties file a Joint Petition, then they are referred to as Co-Petitioners.

Q. If one desires to file a divorce case, how to initialize the divorce process?

A. The correct place to file a divorce case is the District Court. Such a court that is located in the county wherein either divorcing partner resides is selected for filing the Petition.

Q. Is this state recognized as a no fault state?

A. Yes.

Q. After filing a divorce case in Montana divorce court, what is the minimum duration essential to obtain a divorce?

A. The minimum duration essential to obtain a divorce after filing a divorce case in Montana is 20 days.

Q. What are the different types of expenditures in a divorce case in this state?

A.

• Filing fees charged by the court
• Appearance fees charged by the court
• Divorce lawyers charges (varies as per the skills and experience of the lawyer)

Q. Explain the residency requirements in Montana?

A. At least one of the divorcing partners must be living in Montana for at least 90 days immediately before the filing date on which the Petition for Dissolution of Marriage was filed in a divorce court. The county wherein either divorcing partner resides is chosen for the filing procedure.

Q. How does the equitable distribution process take place in this state?

A. The court has the intention that the property and debts of the divorcing partners should be divided in a fair and equitable manner. However, during this process the court considers the following factors and uses its discretion.

• The opportunity of each divorcing partner for acquiring income and capital assets in the future
• Whether the award of property is in addition to or a substitute for spousal support
• Custodial provisions
• The requirements, liabilities, estate, employability, and vocational skills of every party
• The sources of income, amount of income, occupation, station, health, and age of every party
• Existence of any prior marriage of each party
• The span of marital life

Q. Is any separation period essential for filing a divorce?

A. The divorcing couple must stay apart and separate for minimum 180 days to obtain a divorce.

Q. What does the court speculate on while deciding child support?

A.

• The resources and economical requirements of the child
• The economical requirements and resources of the parents
• If the marital status would have continued, then, what standard of life the child(ren) would have experienced

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