Divorce papers in Montana — filing for divorce in MT

Online divorce in Montana

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Disclaimer: Online Divorce is not a law firm and its services, website and forms are not a substitute for the advice of an attorney. Online Divorce provides access to computer-aided self-help services at your specific direction. Online Divorce's website and written instructions provide general information about the divorce process only; we cannot give you any specific advice, opinions or recommendations as to your selection or completion of forms or your particular legal rights, remedies or options. OnlineDivorce.com is a website that provides access to self-guided online questionnaires. Online Divorce does not sell blank forms, and a user can download those on a court's website.

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Online Divorce in Montana

For those seeking an inexpensive divorce in the state of Montana, online divorce is an easy, affordable and fast solution. Online divorce may be appropriate for couples who have an uncontested case. The step-by-step process of preparing divorce documents at Onlinedivorce.com makes it easy on you. We help prepare all of the necessary divorce forms and provide detailed written instructions on how to file your divorce in Montana.

Our divorce documents preparation service can be a perfect solution for those who want to have their divorce papers completed quickly and stress-free. Even though Montana has unique divorce forms and filing requirements, our online system can provide you with exactly what you need and provide instructions on how to file. We have helped thousands of people prepare their divorce documents for filing.

If you and your spouse agree on the terms of the divorce and want an amicable dissolution to your marriage, why should the process get drawn out and why should you spend money on lawyers? Online divorce is often cheaper, quicker and easier.

Online divorce can be a perfect option if you want to save money or if you hope to have your divorce quickly finalized so you can get on with your life. Preparing documents for divorce online in Montana is quickly becoming very popular because you can complete the documents in the comfort of your home. Even if you think your case is too complex because you have children, own your own home or have other assets, you may still be able to prepare your documents online. Just start with our simple questionnaire, and we’ll provide you instructions for each step of the way.

Finally, you don’t have to worry - our process is 100% secure. We protect your information and nothing is filed until you submit the divorce papers to the courthouse yourself. Filing for divorce in Montana with the Onlinedivorce.com system can be a simple solution to a difficult situation.

Filing:

When you use OnlineDivorce.com, we help you fill out your divorce paperwork using a simple online questionnaire. You can fill it out alone or with the assistance of your spouse. Then, you will need to get a signature from your spouse and you can file the divorce forms with your local court. In Montana, you will typically file with the courthouse in the county in which you currently reside. If a petitioner is not currently a resident, but a defendant is, divorce is typically filed in the county where the defendant resides.

The actual filing process is explained in our detailed court-filing instructions that we provide along with your completed divorce forms. You can also obtain assistance from your local courthouse by calling or stopping by.

After the initial filing, you may need to follow up if there are any issues with your documents. When you use OnlineDivorce.com, we allow you to make small adjustments to your forms as requested by the court at no additional charge. Our goal is to help you obtain your divorce with as little hassle and stress as possible using our online divorce documents preparation service.

Residency:

Every state has specific requirements where divorcing couples must establish residency within the state they are divorcing. Montana is no exception.

At least one of the spouses must be a resident of Montana for the 90 days immediately prior to filing. The divorce should be filed for in the county where you have been a resident for the last 90 days. [Montana Code Annotated; Section 25, Title 2-118 and Section 40, Title 4-104].

There are many ways to prove that residency has been established. The easiest way is if one or both spouses have a valid and in-date Montana driver’s license, ID card or voter’s registration card which was issued at least six months before filing for divorce. If this is not the case, it may be possible to establish residency, by having someone who knows you or your spouse testify that you have lived in the state for at least six months. Additionally, it may be possible to use an Affidavit of Corroborating Witness form, and it should serve as proof you’ve lived in the state a minimum of six months.

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Valid grounds to get divorce in Montana

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Grounds for an online divorce using OnlineDivorce.com are the same as they would be for any divorce within the State of Montana. Grounds are merely the reason for divorce, and the state must approve them.

Conditions for divorce in Montana include:

#1

Significant marital discord which affects the attitude of both spouses towards the marriage and no prospect of reconciliation or

#2

Living separate and apart for a minimum of 180 days prior to filing. [Montana Code Annotated; Section 40, Title 4-104].

OnlineDivorce reviews

April F., Missouri
OnlineDivorce made it a lot easier to file with the court. It was a great experience: easy to do and self-explanatory. They do all the work for you and give guidance. I would highly recommend this service to anyone.
Lee G., New York
It was an easy process. Straightforward questions and detailed instructions make filing divorce paperwork very simple. Each step is outlined and explained and there is no question left. This saved me lots of time and money in getting a divorce.
Troy G., Florida
It's an easy way to get the divorce forms completed without going into court and trying to decide which forms you need to copy. I recommend OnlineDivorce.com to anyone who is looking for a simple process to have their divorce completed.
Ted P., California
It was very quickly and very easy, and it didn't cost me a lot of money. My ex lived in a different state then but it didn't matter. I got the paperwork overnight. it really helps save a lot of time and I would highly recommend it to anybody who is in a situation to get a divorce.
Winter H., Colorado
OnlineDivorce helped me complete my divorce and eliminate spending thousands of dollars on seeking legal representation. We were able to do the division of assets and property and even child custody and visitation. I am thankful to this website.
Fred Z., Illinois
It was easy to file my uncontested divorce. I would highly recommend OnlineDivorce with regards to the cost and the ease of use - it's simple and straightforward. I truly appreciate your technology and your service offerings.
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Custody of the child in Montana

Custody of the child

If there are children involved in a divorce, the couple will need to determine how custody should be handled. This isn’t something that a couple has to do all on their own. There are regulations in place that can help the court determine what would be the best possible custody situation for each case. If the parents already have a plan in mind, they can present this to the court and it will be given due consideration before any other agreement is made.

As long as the parents act in what would be in the best interests of the children, the court will usually accept the parents' custody agreement. If the parents don’t come to some decision, the court will decide, or the matter will proceed to trial. Joint legal or physical custody can be decided upon. Joint custody allows both parents to have direct input into important developmental decisions regarding the children; however, joint custody doesn’t necessarily mean that the children will spend an equal amount of time with each parent.

Rules for child support in Montana

Montana has put into place state-mandated child support guidelines which will apply in almost every case, barring special circumstances. With this, both parties’ gross incomes and certain child related expenses are considered when calculating the child support obligation. In most cases, child support payments continue until the child reaches eighteen years of age, and can extend until the completion of the child or children’s secondary education.

Either or both parents may be ordered to pay child support, based on a consideration of the following factors:

  • The financial resources of the child;
  • The standard of living the child would have enjoyed if the marriage had not been dissolved;
  • The physical and emotional conditions and educational and medical needs of the child;
  • The financial resources, needs, and obligations of both the noncustodial and the custodial parent;
  • The age of the child;
  • The cost of any daycare;
  • The parenting plan for the child;
  • The needs of any other person that a parent is obligated to support; and
  • The provision of health and medical insurance for the child.
  • A portion of the parents’ property may be set aside in a trust fund for the support of the children.

A parent may need to provide health insurance coverage for a child if it is available at a reasonable cost. There are child support guidelines adopted by the Department of Public Health and Human Services that are to be considered by the court. Child support pay­mentsmay be required to be made through the Department of Health and Human Services. [Montana Code Annotated; Section 40, Titles 4-204 and 5-209].

Uncontested Montana divorce with children
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Rules for spousal support in Montana

Rules for spousal support

Alimony is sometimes ordered to help a spouse live in the means established during marrage. Support may be decided upon by the couple together prior to filing or may be awarded by the court in a contested case. The court may award rehabilitative (short-term) or a more permanent alimony to either of the spouses in either lump-sum payments or as monthly/yearly payments or both.

Either spouse, without regards to gender, be awarded maintenance if that spouse can show:

  • A lack of ability to support himself or herself and
  • Insufficient property to provide for his or her own needs; or
  • That the spouse seeking support is the custodian of a child whose condition or circumstances make it appropriate for that spouse not to seek outside employment.
  • The award is made without regard to marital fault, based on the following factors:
  • The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse’s future earning capacity;
  • The standard of living the couple established together;
  • The length of the marriage;
  • The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support;
  • The financial resources of the spouse who seeks maintenance;
  • The ages of the spouses; and
  • The physical and emotional conditions of the spouses. [Montana Code Annotated; Section 40, Title 4-203].

More information is available as you begin filing your divorce through OnlineDivorce.com Please note that alimony payments can be ordered to be paid through a state depository in some cases.

Property division in Montana

Property division

When a couple chooses to divorce in Montana, they must distribute property in a fair and agreeable manner. This can be one of the most challenging parts of going through the divorce process for many couples. It may be possible for a couple to come up with a property distribution plan on their own without involving the court. In doing so, it can make for an easier and less-stressful uncontested divorce.

However, when there is some disagreement on how property is to be divided, the state has certain rules in place to make it easier.

Montana is an “equitable distribution” state. All the spouse’s property, including any held before the marriage and any gifts and inheritances, is divided by the court, without any regard to marital misconduct, based on these factors:

The contribution of each spouse toward acquiring marital property, including the contribution of each spouse as homemaker;

  • The duration of the marriage;
  • The current age and health of the spouses;
  • The occupation of the spouses;
  • The sources of income of the spouses;
  • The skills of the spouses;
  • The employability of the spouses;
  • The liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income;
  • The time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment;
  • Any premarital agreement;
  • If there is a prior marriage of each spouse;
  • Whether the property award is instead of or in addition to maintenance; and
  • Any custodial provisions for the children. [Montana Code Annotated; Section 40, Title 4-202].

Why us? Review the OnlineDivorce.com difference

Contested Divorce
Average prices start at $2000
Offline and inconvenient process with attorney representation for each spouse. Costly attorney fees resulting in unpredictable expenditures. Overall lenghty and expensive way to go.
  • Attorney availability impacts completion time
  • Each spouse has to hire an attorney, which automatically doubles legal fees
  • Potential court battles adding to already high stress levels
The premier uncontested divorce tool
Fully-guided, fast and affordable process. Experienced and reliable online divorce service using top-notch technology.
  • Ready-to-file divorce documents can be completed at your own pace with easy access for both spouses
  • Award-winning customer support
  • One flat fee (for both spouses) to access all completed documents for filing
  • Free revisions and free name change, no hidden fees
  • Detailed state-specific filing instructions
  • Review all and make changes from the comfort of your own home
Other Online Divorce Services
Average prices start at $300
Other websites for filling out divorce documents use flawed software technologies to complete your divorce documentation.
  • Automated document preparation
  • Processing time varies but may take more than three business days
  • On-demand customer support, quality varies.
  • One flat fee claimed, however many sites have hidden fees
  • No experience: many sites started operating just a few years ago

Mediation support in Montana

If there are minor children and one spouse denies that the marriage is irretrievably broken or at least one of the spouses want to attempt an amicable settlement of their differences then the court may impose a waiting period and refer the couple for mediation.

For those seeking to prepare their divorce papers using OnlineDivorce.com, utilizing divorce mediation can be a great tool to smooth out disagreements and prevent the case from going to court. This can be the simplest way to assure a fast, easy and affordable online divorce.

Divorce forms in Montana

Montana forms produced by OnlineDivorce.com are court approved divorce forms. We have automated the process of filling them out to simplify matters and avoid any difficulties which may occur with filling out paperwork alone. By utilizing OnlineDivorce.com, you can simplify the process of preparing divorce documents and help both parties to move forward with their lives.

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Filing fees for divorce in Montana

When you file your divorce papers, the court will charge filing fees that may vary by county. These costs are in addition to the cost of using OnlineDivorce.com. Please check with your local courthouse to determine the exact amount.

How long will it take?

The use of the OnlineDivorce.com service usually takes between 30 minutes and two hours or more depending on the complexity of your case. You’ll start filling out the questionnaire immediately and can either complete it in one sitting, or you can save your progress and complete it at a later date if that is more convenient for you.

Once you’ve gotten the documents complete, you will need to file them and get your spouse’s signature. You’ll have more information regarding the finalization of your divorce case once you complete your paperwork and submit it with the clerk of courts.

Here is how OnlineDivorce.com makes completing divorce papers easier:

  • We provide the full divorce packet that is required by a local court - clients do not need to drive to their local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, some local forms specific to a filing county can vary in color, paper material, size and / or scanning bar code so they may need to be obtained from the county clerk's office directly.
  • We complete the necessary forms for clients based on the answers they give in a simple guided online interview - clients do not need to read through the legal jargon and try to figure out how to fill out those forms yourself.
  • We give the detailed and easy to follow step-by-step instructions for filing a divorce with the court - so a client knows exactly what to do to get his/her divorce finalized.
  • We provide unlimited technical support - if a client needs assistance through the online process, he/she can always reach out to us via phone, email or live chat and we'll do our best to help.
  • We save time and money for our clients - if divorcing spouses are in agreement regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and they don't need to spend hours trying to do it all by themselves.
  • We guarantee 100% court approval on divorce papers prepared through our website or money back - we have 19 years of experience in completing divorce forms so clients can be sure the court will accept their documents with no issues.