This Divorce Worksheet and Law Summary for Contested or Uncontested Cases is a package that contains the following: information about divorce in general, definitions, visitation, child support, child custody as well as other matters. Worksheets are also included that include detail information and financial forms. Ideal for a client interview/information form, or for you to complete prior to an interview with an attorney. This package is also ideal for you to read and complete before attempting your own divorce.
Montana Divorce Worksheet and Law Summary for Contested or Uncontested Case of over 25 pages - Ideal Client Interview Form
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State:
Montana
Control #:
MT-080-D
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Word;
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Description Montana Divorce Uncontested
Free preview Montana Divorce Law
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FAQ
To file for dissolution in Montana, either you or your spouse must be domiciled in Montana, and in the county, for at least 90 days. Montana and the county must be your primary place of residence. You may be a part-time resident of more than one state, but may only have one domicile.
If you agree on your divorce and the reasons why, getting a divorce legally finalised will usually take 4 to 6 months. It might take longer if you need to sort out issues with money, property or children, which will have to be done separately.
In special circumstances, the court may give permission for a divorce to be granted without the usual service requirements. You can ask for a Substituted Service Order to allow you to serve your spouse an alternative way, such as posting the divorce documents to a stated address, or to a friend or family member.
Montana has a "no fault" divorce law. To grant a divorce, the court must determine that: a) the couple has lived separately and apart for more than 180 consecutive days before the petition for divorce is filed; or b) there is serious marital discord between the parties and no reasonable prospect of reconciliation.
1) Alaska. Potential time to divorce: 30 days (1 month) 2) Nevada. Potential time to divorce: 42 days (6 weeks) 3) South Dakota. Potential time to divorce: 60 days (2 months) 4) Idaho. Potential time to divorce: 62 days (just under 9 weeks) 5) Wyoming. 6) New Hampshire. 7) Guam.
In Montana, a divorce can be completed on average in a minimum of 110 days, with court fees of $200.00. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in Montana for a minimum of three months.
When a spouse refuses to sign divorce papers, the spouse seeking a divorce will need to obtain what is called a contested divorce. To file a contested divorce, the party who wishes to obtain the divorce must file a petition in the family court in their jurisdiction.
You do not have to wait two years to divorce if you can show the Court that your marriage has irretrievably broken down due to adultery or unreasonable behaviour, in which case you can divorce after one year.
You and your divorce attorney will simply have to file a Petition for Dissolution of Marriage with the courts. This can be done without a spouse's signature. After filing, the paperwork will be served to your spouse by a process server. Your spouse will then have 20 days to file a response with the court.