Montana Divorce Forms & Papers

Divorce Papers > Montana Divorce Forms & Papers

In the state of Montana a "no fault" divorce law prevails. In order to grant a divorce, the court has to know if there is discord between the couple that cannot be reconciled or they have been living separately. The state also cannot prevent a divorce if one of the spouses needs a divorce whereas the other spouse does not. Montana divorce forms and papers should be filed keeping in mind the state laws and only after fulfilling all the requirements of the state.

In the state of Montana, if a spouse requests for separation other than divorce, the court would grant the same unless it is not opposed by the other party. Legal separation can be converted to marriage separation after 6 months of passing a legal separation degree [Based on Montana Code - Section 40 - Titles: 4-104 and 4-108]

Residency requirement for the state of Montana:

Before filing for dissolution of marriage, one of the spouses must be a resident of Montana for 90 days. The papers should be filed for in the county where the petitioner has been a resident for the previous 90 days. [Montana Code Annotated; Section 25, Title 2-118; and Section 40,:~Title 1-104].

Divorce grounds in Montana:

The only ground for a divorce in Montana is: Irretrievable breakdown of the marriage and serious marital discord which adversely affects the attitude of both spouses towards the marriage without any prospect of reconciliation. Apart from this the partners have to live separate and apart for 180 days prior to filing. All three of these factors must be met to satisfy the grounds for dissolution of marriage. [Montana Code Annotated; Section 40, Title 1-104].

People opting for a Do It Yourself divorce in Montana can either go for an agreed divorce or a default divorce.

An agreed divorce is one that is been agreed upon by both the parties. They usually agree upon terms such as child custody, property distribution and parental support. The divorce document is signed by both the parties to confirm their agreement for the divorce. This is the most preferred method of divorce in Montana because it is not opposed by any parties avoiding further lawsuits.

A default divorce on the other hand is not signed by both the parties. In fact the entire divorce procedure is carried by one of the spouses whereas the other spouse just defaults in the case. In a default divorce the spouse filing for divorce usually gets everything that is been listed in the divorce papers.

Procedure to file a divorce in the state of Montana:

Like most states Montana follows a three step divorce procedure that includes:

Filing the divorce documents. (one should make sure that you fulfill all the state requirements before filing a divorce)
Notifying the spouse about you filing a divorce
Attending the court hearings

USE THESE WORDS IN THE COURT DOCUMENTS FOR MONTANA

Use these exact words, all in capital letters: DISTRICT COURT FOR THE STATE OF MONTANA AND FOR THE COUNTY OF
Use these exact words, all in capital letters: PETITION FOR DISSOLUTION OF MARRIAGE
Use the word "Petitioner". Be sure the "P" is capitalized.
Use the word "Respondent". Be sure the "R" is capitalized.
Use these exact words, all in capital letters: DECREE OF DISSOLUTION OF MARRIAGE
Use the word "County" here.

For detailed divorce laws in Montana state, please see Montana Divorce Laws page.

Child custody in the state of Montana:

The most preferred methods of child custody in the state of Montana is a shared custody. Sole custody arrangements can also be considered provided there is a reason and if both the parties agree for the same. The financial status of a spouse is not considered a good reason to award child custody and parental responsibilities to a parent. The decision on child custody is taken in the best interest of the child. In most divorce cases in Montana a name change is involved. The wife has an option to receive her maiden name if she wishes. Apart from this if you are unable to locate the spouse and know nothing about his/her whereabouts, you can still get a divorce in the state of Montana.

Free Montana Divorce Forms for Download

Following divorce forms are free for download. Most of the forms are provided with instructions on how to fill the form. To download any of these divorce papers and forms just right click on the link and select "Save As...".

Montana Divorce Instructions

Montana Divorce Forms that both parties must sign

Forms & Documents

Montana Divorce Court Forms