Uncontested Divorce in Montana

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Divorce is known as 'dissolution' in Montana. The dissolution of marriage occurs in two ways - uncontested process and contested process. In a contested process, the separating couple has to depend on the court for every solution. Whereas in an uncontested end of relationship, the couple can decide their future as far as resolving conflicts are concerned. They can take the help of a lawyer or mediator in order to reach a mutual agreement that will be signed by the Judge. In Montana, many partners prefer such type of dissolution. The best way to go for an uncontested dissolution in Montana is to know the pros and cons of your state as well as the laws that are relevant in a particular case.

Why go for an Uncontested divorce?

Any process of ending the relationship is a period when the couple goes through great stress and emotional upheaval. This turbulence in life can be minimized by opting for an uncontested dissolution of marriage. The divorcing partners who choose this type of parting experience some relief as all the major issues like child custody, child support, spousal support, distribution of property and visitation are resolved amongst themselves after reaching a consensus. Unlike in a contested divorce, spouses opting for an uncontested end to depend very less on the intervention of the court to resolve issues.

By definition, all Joint Dissolution (with or without children) are uncontested ones. Reading all the positive aspects of an uncontested dissolution which is same in case of a Montana uncontested termination of relationship case, you must be sure that this is the right way of resolving the ongoing issues and part ways satisfactorily.

We present here some significant information about Montana uncontested divorce that will help you in all stages of your case.

Terminology

• Petitioner is the separating spouse filing for the case.
• Respondent, as the term suggests is the other separating spouse who responds to the petition filed by the Petitioner
• If both divorcing partners file jointly, they are referred to as Co-Petitioners.

Place for filing the Uncontested divorce

The filing spouse files the divorce papers in the District Court. This District Court is the county court.

Residency requirements

The residency criterion for filing for dissolution in Montana requires the filing spouse to be a resident of the Montana for a period of three months or 90 days.

Grounds of Divorce

Montana is a no-fault state. This implies that "irretrievable breakdown of the marriage" is the ground of ending the relationship. This ground has to be established in one of the following two ways:

• The divorcing partners should reside apart and separate from each other for a period of 180 days before the filing of the action.
• There must be serious marital conflict or dispute between the divorcing partners and for this discord the attitude of both partners towards the marital bond must be adversely affected. Also, there must not be any reasonable possibility of reconciliation.

Forms for Uncontested Divorce in Montana when no children are involved

• Vital Statistics Form: This is used to record the dissolution with the state.
• Notice of Entry of Decree: This is meant to certify that the Decree has been given.
• Findings of Fact, Conclusions of Law and final Decree of Divorce: The separation agreement of the couple is included in these documents.
• Consent to Entry of Decree: Both the divorcing partners can certify their agreement with the action through this document.
• Request for a Hearing and Order: This form is used to schedule a date for the hearing.
• A Final Declaration of Disclosure of Assets, Debts, Income and Expenses: All funds(financial resources) of the spouses, at an individual and joint level, are specified in this document.
• A Joint Petition for Dissolution: Both the divorcing partners sign this form.

When both the divorcing partners decide that they should remain present at the final hearing, then it is not essential to file the Consent to Entry of Decree. The Judge performs the following actions at the hearing:

• Review of the cases
• Asking some routine questions
• Signing the Dissolution Decree

Forms for Uncontested Divorce in Montana when children are involved

In this case, all the forms filed in cases where no children are involved, are necessary. Additionally, the following forms are essential:

• A Notice and Acknowledgment to Child Support Enforcement Division: This document specifies third party enforcement of child support.
• A Notice of Filing Child Support Guidelines Financial Affidavit: This is related to child support.
• A Proposed Parenting Plan: This document lays down the terms and conditions of visitation and custody.

Other than the above-mentioned forms and procedures, you might need other documents and go through varied proceedings in order to obtain an uncontested divorce in Montana. This will depend on the nature of your case. You can research on the Internet, download divorce packages and discuss with a renowned attorney to get a clear idea of the whole process.

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