Divorce papers in Montana — filing for divorce in MT

Online divorce in Montana

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How to get divorce in Montana

Online Divorce provides qualitative and approved by the court Montana divorce papers. The information below will help you understand more about the divorce in Montana. However, if you feel any doubt or insecurities, we will help you figure out how get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in Montana. We guarantee that in a short time you will receive the correct Montana divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.

Below you can find common steps of how to get divorce in Montana:

1

In Montana the divorce is called different than in the other states. Montana call divorce “the dissolution of marriage”. That is why you instead of getting a divorce in Montana you will dissolve your marriage, but in reality this does not change the process at all.

2

You should fill all the necessary Montana divorce papers according to the Montana divorce law.
It is not easy to fill the form as it requires all the accuracy and time, that is why most people do not like to fill divorce forms.Furthermore you need not only fill all the necessary forms and documents, but at the same time you have to choose all right forms according to your situation. For example you or your spouse is military. In this case you need to fill special documents for military. If you have children you need to fill documents about custody or child support. You need to remember to put all these documents together in one case and bring them to the court. you are not an attorney, that is why it is very important to let the professionals do their job. But you may think that professional attorneys will require a lot of money. You are right. That is why Online divorce has a best offer to you!

That is why most of the attorneys and judges recommend to ask for a help Online Divorce. We know that you do not have time to fill all the document and we know it is difficult for you. We know that you do not have big sums of money and that all this divorce process is a great stress for you.

With our help you will:
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3

You or your spouse should be a resident of Montana state.

4

You should be legally married.

5

You can have only no-fault grounds for divorce in Montana.

6

You must arrange a special document which is call Divorce Agreement with your spouse. This is a very important document as sometimes couples can not reach an agreement and can’t sign a Divorce agreement. in this case judge will divide all the property on his consideration. But when you bring your wishes and desires in a form of Divorce agreement to the court, the judge will consider the division of your property and children based on this document. That is why you if you want to divide your property fairly and according to your wishes you need to seat and discuss it with your partner without any fights. Then you need to sign this document in the presence of an attorney and next step you take this document to the court.

7

When you have filled all the necessary forms and Montana divorce documents you have to file them to the court. If your document were accepted this means you did a great job and have everything you need for a hearing, and you filled all your documents correctly. The court will say a date of hearing and this is a beginning of your divorce process in Montana.

Residency:

As it was mentioned below in order to file for dissolution of marriage in montana you or your partner should be a legal resident of Montana state. If the court found out that you can not file because you do not have a residency, your petition will not be accepted.

So if you live in Montana for 180 days( 6 month) you can file to any court of this state.

There are some exceptions for military people. If you are military, you have to stay in Montana for at least 90 days and the district court should enter a decree of dissolution of your marriage.

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Valid grounds to get divorce in Montana

Montana flag

Montana is a unique state that is why it is very important to remember that there can be only one reason to divorce in Montana.

This is no-fault reason and it means that you and your partner should agree that your marriage is irretrievably broken ( you have no future together, no hope for a better relationship and you can not live together any longer).

You can’t say to the court that your reason for divorce is adultery. The judge will not accept your petition. You can only say that your relationships are broken and you need to agree with your spouse about it.

Some other no-fault reasons:

#1

You are not living with your spouse for more than 6 month (180 days).

#2

The marriage is irretrievably broken.

#3

Serious marriage disagreements that has an influence on a marriage relationship.

If you do not meet any of the above requirement for the divorce in Montana, you have to do your best and try to save your marriage. If court is not able to accept your petition, you will have to wait. Waiting period can be very difficult for most couples and they can be very disappointed. On the other hand waiting period helps you to understand whether your decision was made in a rash or was it a mature and weighted decision.Furthermore, if you do not want to wait, you can always file to the court in another state.

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Annulment of the marriage in Montana

Some people may think an annulment as an alternative to a divorce in Montana. They think that annulment is easy to arrange that to get a divorce, but this is not true. First of all if you want to get an annulment you need to prove that your marriage is void. There are a few reasons to consider your marriage as void, such as:

  • You or your spouse were underage. If you were younger than 18 years old and your parents or guardian did not sign the document you can get an annulment. But you need to file the court no later than you or your spouse reach 18 years old.
  • Fraud. When your spouse lied to you about some important facts about him/her or did not inform you about some fatal diseases or pregnancy, impotency, etc, you have a right to file for annulment.
  • Bigamy. This is when you married a person who was married at the moment of entering a marriage. It does not matter whether he married in USA or in another country, you can still annul your marriage.
  • Kinship. This is spouses are close relatives such as mother, father, brother, sister, aunt, uncle,niece, nephew, etc. Whole blood,half blood or adopted relatives may file for annulment.
  • Incapacity. This means not only phycical incapacity to sexualy satisfy a partner, but also mental incapacity. So when a partner was not able to make a decision in order to enter the marriage he/she may annul such marriage.

There are some limitations you need to know in order to apply for annulment. So if you want to annul your marriage because of a mental incapacity of your partner you should do it no later than after 1 year after you found out of the problem. If you want to annul your marriage because of physical disability (impotency or other problems)you need to file to the court no later than 4 years after you learned about the problem.

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Custody of the child in Montana

Custodyof the child

When parents want to get a divorce in Montana and decide who will have a custody of a child, the court decide everything according to the best interests of a child. In Montana it means that both parent should have a frequent and continuing contact with a child. There are some very important facts that influence court decision about the children division:

  • Safety of a child. This means that if there were any cases of domestic violence, physical abuse, if a parent was in a prison because of some serious crime conviction or a parents has some addiction ( drugs, alcohol, etc), the court may limit a contact of child with such parent.
  • Family climat. We all know that stability is very important for our children. Children should get up at the same time, have their breakfast, go to school or kindergarten, have lunch, come home and do their homework, have dinner and go to bed at the same time. It is very important for their emotional and physical health. When children do not get enough food they stop growing and can get sick, when they do not sleep enough they can become very irritated and sleep at the lessons. That is why the court takes the factor of stability of a family into consideration in make decision about child’s custody. Also it is essential to know whether a child is in a good relations with its family members such as brothers and sisters, grandmother, grandfather, etc. 
  • Sometimes the court may consider child’s wishes itself, if he or she is old enough to make a decisions. 
  • Parent’s wishes have value too in child’s custody decision. When a parent is indifferent he/she will unlikely get a child’s custody. The judges are psychologists, so you need to should by any means that you are interested in child’s custody. But do not shout or say rude words to a judge as it may be considered as a pressure on a judge and disrespect.
  • Financial support. If a parent failed to pay child costs when a child was born, but he could do it, this could be taken into account by the court in making a decision about a custody of a child. The same with a child support. If a parent have ability to pay financial support to a child and does not do it it means a parent does not care about a child. We all live in material world, we need money to buy food,clothes and pay the bills, that is why providing your child with a money means you care about it.

Parenting plan

When you are making decisions about the child’s future such as what school the child will attend, what soccer team a child will join, it is called a parenting plan. It is very important to seat together with your future ex-spouse and make all the necessary decisions about your child. According to Montana law you must bring a parenting plan to the court and you can make this plan together or individually ( if you can’t reach an agreement).

Parenting plan usually contains the following aspects:

  • A place where a child will live.
  • A place where parents will live.
  • What school the child will attend.
  • Who will make decisions about child’s educations and health.
  • What church a child will attend.
  • Who will pay child support.
  • How the plan will change when the child will reach a certain age.
  • How will parents will solve the conflicts.
  • How the parents will be punished if they will not follow this parenting plan.
  • Any other aspects the parents may want to add to the list.

Rules for child support in Montana

The main aim of a child support is to help a parent who cares mostly about child (at least 243 days in a year) to provide for a child all necessary things such as food, clothes, shelter, education, pocket money, etc.

Sometimes when parents file for divorce in Montana and in other states as well, they have a lot of offences and bitterness, so they do not care about a child, but just continue to fight between each other. One party want to prove that the money that is provided for child support is hardly enough for food, while the other party is angry and says that the amount is too big to handle.

When this happens one spouse stops to pay child support while a child is not guilty and still needs food, clothes and other stuff. In such cases you can feel free to ask for help the Montana Department of Public health and Human Resources. This is a state agency that helps Montana citizens to create a healthy community. This agency contains a separate unit that is called Child Support Enforcement Division (CSED). So if you have any problems with a child support you can always inform CSED about any changes and they will help you:

  • To find a spouse who stopped paying child support.
  • To establish paternity of a child who was born not in a marriage.
  • To collect a child support through a program called Montana interactive.
  • To enforce a child and medical support obligations.
  • To solve other issues connected with a child support.

Here is a common calculation of a child support (when an income of a parent is 6000 $ or less):

 

1 child

17% of income

 

2 children

25% of income

 

3 children

29% of income

 

4 children

31% of income

 

5 children or more

34% of income

Uncontested Montana divorce with children
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Divorce without a lawyer in Montana

If you apply for a divorce in Montana, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county you live, the process of divorce in the state of Montana can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce.

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Mediation support in Montana

If you want to reduce your stress from divorce, your time and money, you can ask for a mediation support during the divorce in Montana. Sometimes parents do not like to solve child custody questions in front of the court. That is why mediation session can help you to decide all your questions in a more intimate atmosphere.

Divorce forms in Montana

As it was mentioned above there are a lot of forms you need to fill in order to get a divorce in Montana. You should not fill all the forms, but only those that are relevant to your case. So if neither you nor your spouse is military you do not have to fill any military forms. The same situation if you do not have kids you should not fill a Child support Obligation Income Statement, Child Support Guidelines or some other documents connected with childrens.
Here are some common documents for those who want to file for a divorce in Montana: Montana Complaint of Divorce, Affidavit of testimony in Support of Decree, Divorce information sheet, Separation Agreement, Final Decree, Judgement of Divorce. 

If you have children you need to fill: Child support Obligation Income Statement, Child Support Guidelines, Child Support Guidelines Worksheet, Child Support Guidelines Notice of Compliance. If you do not have time nor desire to fill all these documents and forms we are ready to help you!
Online divorce can do all the dirty work for you such as:

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Uncontested divorce in Montana

Uncontested divorce in Montana

There are two types of the uncontested divorce in Montana, the first one is called a Summary Dissolution of Marriage and the second one is called a Joint Dissolution of Marriage.

In order to file for a Summary Dissolution of Marriage you should:

  • Have no children and no children will be born.
  • Have no real estate and your partner have no real estate too.
  • You both agree that your relations are irretrievably broken.
  • You as a couple have a debt no more than $8, 000.
  • You and your partner assets are no more than $25, 000.
  • You and your partner reached an agreement about your property and your debts.
  • You and your partner reached an agreement about spousal support.
  • You and your partner will not sue on appeal the final judgement of dissolution of marriage.

You have to bring 2 copies of each forms such as Petition for Summary Dissolution, Marital and Property Settlement Agreement, Vital Statistics Form and some other. You also have to pay courthouse $ 200 filing fee. Next step is your should wait for the hearing if judge will accept your documents. After the hearing you have to pay $45 and this is all you have to pay.

As for a Joint Dissolution of Marriage you can file for it if you do not qualify for a Summary Dissolution of Marriage. Usually people file for Joint Dissolution of Marriage because of their property.

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