Montana No-Fault Uncontested Agreed Divorce Package for Joint Dissolution of Marriage with Adult Children and with or without Property and Debts
Notes: This law summary is not intended to
be an all-inclusive summary of the laws of dissolution of marriage in Montana,
but does include basic and other procedures.
Grounds
Montana law permits dissolution of marriages based upon the irretrievable
breakdown of the marriage. A finding of irretrievable breakdown of the
marriage is a determination that there is no reasonable prospect of reconciliation.
The parties must have either lived separate and apart for more than one
hundred and eighty (180) days or there must exist serious marital discord that
adversely affects one or both of the parties toward the marriage. In addition,
the court must find that the conciliation provisions of Montana law either
do not apply or have been met and whether issues regarding parenting and
support have been addressed. MCA 40-4-104
Residency requirements
Montana law requires that at least one of the spouses must be a
resident of the state for a minimum of ninety (90) days immediately prior
to the filing of the petition for dissolution of marriage. The petition
for dissolution of marriage may be filed in the county in which either
party resides. MCA 40-4-104
Name of court and title of action/parties
An action for dissolution of marriage in the State of Montana is
filed with the District Court. The title of the action initiating
the dissolution proceeding is a Petition for Dissolution of Marriage,
while the title of the action granting the dissolution is referred to as
the Decree of Dissolution of Marriage. The party who files
the action is the Petitioner, while the other spouse is referred
to as the Respondent. If the Petition is filed jointly, both
parties are referred to as Co-Petitioners.
Legal separation
Montana law permits a judgment of separation to be granted provided
the parties meet the same requirements for a divorce action. In addition,
the court must find that there is a reasonable likelihood that the marriage
can be preserved. MCA 40-4-104
Alimony/support
The courts may award alimony to either spouse only upon a finding
that the spouse seeking the alimony lacks sufficient property to provide
for his/her reasonable needs and is unable to support himself/herself through
appropriate employment, or, is a custodian of a child whose condition is
such that the custodian should not be required to seek employment.
Factors the court considers in determining the amount and
term of alimony include:
1. The financial resources of the party seeking maintenance, including marital property apportioned to him, and his ability to meet his needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;
2. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;
3. The standard of living established during the marriage;
4. The duration of the marriage;
5. The age and the physical and emotional condition of the spouse seeking maintenance; and
6. The ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance. MCA 40-4-203
Distribution of property
Montana is an equitable distribution state. This means that the
court will divide the marital property between the parties as it deems
equitable and just, after setting aside to each spouse the separate property
of each. Some of the factors the court considers in dividing the property
between the parties include:
2. The age, health, station, occupation, amount and sources
of income.
3. Vocational skills, employability, estate, liabilities
and needs of each party.
5. Whether the apportionment is in lieu of or in addition
to maintenance.
6. The opportunity of each for future acquisition of capital
assets and income.
MCA 40-4-202
Preliminary/final declaration of disclosure
Within sixty (60) days of service of a petition for dissolution
or separation, each party shall serve upon the other a preliminary declaration
of disclosure setting forth the identity of all assets and liabilities,
along with income and expenses.
A final declaration of disclosure, setting forth all assets,
liabilities, income and expenses must also be served upon the other party
before or at the time the parties enter into an agreement regarding property
or support, or no later than forty-five (45) days before the first trial
date.
Such declarations shall be under penalty of perjury. In
addition, the court may set aside all or part of the judgment should it
discover, within five (5) years from date of entry, that a party has committed
perjury in the final declaration.
Child custody/parenting
The legal term used in Montana to refer to custody is "Parenting".
Montana courts will decide the issue of parenting based upon the best interests
of the child. A partial list of factors the court will consider in determining
the best interests of the child include: The wishes of the parents, the
need of the child for a frequent and meaningful relationship with both
parents, the interaction and interrelationship of the child with both the
parents and any siblings, and the wishes of the child. Each parent is required
to submit to the court, in good faith, a proposed final parenting plan
which must be incorporated into any final or amended decree, setting forth
arrangements regarding such issues as custody, visitation and residential
time for each child that the party believes to be in the best interests
of the child.
No preference will be given to either parent in determining
custody based upon the parent's age, sex or financial status, nor because
of the age or sex of the child.
When there is a minor child of the marriage, the court
shall inform the parties of educational programs concerning the effects
of dissolution of marriage on children, and if it would be in the best
interests of the child, the court may order the parties to attend such
a program.
The court may grant visitation rights to the grandparents of the
child if such visitation would be in the best interests of the child.
Unless a parent has been denied custody or visitation rights,
both parents shall have equal access to records and information pertaining
to a minor child, including but not limited to, medical dental and school
records. MCA 40-4-104, 4-108, 4-212, 4-223
Child support
In a proceeding for dissolution of marriage or legal separation,
the court may order either or both parties to pay a reasonable amount necessary
for the support of a child of the marriage. Some of the factors the court
will consider in determining the amount of child support include: the financial
needs and resources of the child, the financial resources and needs of
the parents, and the standard of living the child would have enjoyed had
the marriage not been terminated, the physical and emotional condition of the child and the child's educational and medical needs, the age of the child, the cost of day care for the child, any parenting plan that is ordered or decided upon, and the needs of any person, other than the child, whom either parent is legally obligated to support.
The Montana legislature has established child support guidelines
which establish the presumptive correct amount of child support. Deviation
from the guidelines requires a specific finding by the court that application
of the guidelines would be unjust or inappropriate and such findings must
be included in the judgment. Should the court deviate from the guidelines,
it must include in its decision a statement of what the support amount
would have been under the guidelines. MCA 40-4-204
Family law mediation
The district court may at any time consider the advisability of requiring the parties to a proceeding under this chapter to participate in the mediation of the case. Any party may request the court to order mediation. If the parties agree to mediation, the court may require the attendance of the parties or the representatives of the parties with authority to settle the case at the mediation sessions. MCA 40-4-301
