Why Divorce.com?
Benefits of an online divorce
Divorce.com is a reliable and affordable service for getting legal paperwork to initiate an uncontested divorce. The platform was created to help spouses reduce their expenses and quickly obtain all court-required papers from the comfort of their homes.
Divorce.com is a middle ground between DIY divorces and hiring an expensive divorce lawyer. It is also suitable for couples who agree on all issues and want an amicable divorce.
Obtaining the court papers with Divorce.com consists of several simple steps:
Pass the brief eligibility check by answering a few questions.
Provide information about your divorce and marriage by completing an online questionnaire.
Download the forms prepared in a PDF format in two business days.
Print and sign the papers before filing them with the local court.
Getting lawyer-free paperwork is easy and fast with Divorce.com.
Montana
Divorce Forms
All the forms required
Starting a dissolution in Montana requires collecting the appropriate court documents based on each couple's specific situation. For example, paperwork for spouses with minor children differs from those without children.
Several basic forms are available through online self-help centers or government resources:
Petition for Dissolution of Marriage (Forms MP 112, MP 113, MP 115, or MP 116)
Proposed Parenting Plan (Form MP 300)
Description of Existing Medical Coverage (Form MP 300 G)
Summons and Automatic Economic Restraining Order (Form MP 400)
Request of Sheriff to Serve Documents (Form MP 401)
Notice and Request for Acknowledgement (Form MP - 403.1)
Acknowledgment of Service (Form MP - 403.2)
Request for Order Granting Service By Publication (Form MP - 402.1)
Order for Service of Summons By Publication (Form MP - 402.2)
Summons for Publication (Form MP - 402.3)
Financial Disclosure and Proposed Property Distribution (Form MP – 500)
Income and Expenses (MP - 510)
Additional Income (Form MP - 510-A)
Additional Expenses (Form MP - 510-B)
Vital Statistics form
Request for Hearing and Statement of Compliance with Financial Disclosure (Form MP - 701)
Order Granting Hearing on Dissolution with Children (Form MP - 702)
Dissolution Decree (Forms MP 703 or MP 713)
Notice and Entry of Decree (Form MP - 704)
Consent to Entry of Decree (Form MP - 730)
Steps to consider
Filing Requirements
Residency Requirements
A married couple can file for divorce in Montana if the state courts have jurisdiction over their case. The jurisdiction means that the judges have the right to issue court orders regarding divorce, such as dividing property and ordering alimony.
Montana state laws require that either spouse has lived (or been stationed) within the state limits for 90 days before they start a dissolution process. The same residency period applies to minor children for the court to rule on child custody.
Grounds for Divorce
Grounds are a legal term for "reasons" that caused the divorce. Montana laws do not require spouses to blame each other and state any fault-based grounds, such as adultery. Instead, the only no-fault reason for dissolution is the irretrievable breakdown of the marriage.
The judge must ensure that the marriage is irretrievably broken by checking to see if:
The spouses had lived separately for 180 days or more before they filed for divorce;
They have a serious marital disagreement and no prospect of reconciliation.
Initial Filing
Filing for divorce in Montana includes several essential steps. First, a petitioner must collect appropriate court-required papers, such as a Petition for Dissolution of Marriage, Financial Disclosure, and a few other documents.
Then, the petitioner must take the original forms and two copies to the clerk's office in a proper court. They must choose a court located in a county where:
Either spouse lives or owns property;
The minor children live;
The children have significant ties, like school or medical treatment, etc.
Filing Fees
When a petitioner comes to the clerk to file the divorce papers, they must pay a mandatory filing fee. In Montana, the amount differs between the counties - approximately $120-$180. Additional court fees may include the sheriff's fee for service of papers on the respondent.
If the spouses cannot afford the fees, they may ask the judge for a waiver by completing and submitting a Statement of Inability to Pay Court Costs (in accordance with Rule: 23.2.301). The petitioner must file this form together with the initial papers.
Serving the Respondent
After the petitioner filed the divorce papers, they needed to send all copies and the Summons to the other spouse. Then, if the respondent is willing to accept the service, they may sign the Acknowledgment of Service form.
Otherwise, the petitioner must use one of the following methods:
Service by certified mail
Hiring a sheriff or a private process server
Service by publication
Waiting Period
Montana is one of the states that have a waiting period for spouses obtaining a divorce. Under the state's laws, 21 days must pass from the moment when:
The respondent receives the divorce papers
The spouses filed a Joint Petition for Dissolution, if the divorce is uncontested
This period is required to let the non-filing spouse file the response papers, or for spouses to change their minds about getting a divorce if they reconcile.
Finalizing a Divorce Case
After the waiting period, the spouses may ask for a court hearing where they present their case before a judge. If the divorce is amicable, the judge will review the proposed terms and the parenting plan and issue a Final Decree of Dissolution. Contested cases, though, will proceed to trial.
The spouses will get a confirmed copy of the divorce decree from the court clerk. They can also request a certified copy of this document for a fee.
Filing basics
Filing for Divorce
Montana
How to get started
Starting a dissolution in Montana requires collecting the appropriate court documents based on each couple's specific situation. For example, paperwork for spouses with minor children differs from those without children.
Several basic forms are available through online self-help centers or government resources:
Petition for Dissolution of Marriage (Forms MP 112, MP 113, MP 115, or MP 116)
Proposed Parenting Plan (Form MP 300)
Description of Existing Medical Coverage (Form MP 300 G)
Summons and Automatic Economic Restraining Order (Form MP 400)
Request of Sheriff to Serve Documents (Form MP 401)
Notice and Request for Acknowledgement (Form MP - 403.1)
Acknowledgment of Service (Form MP - 403.2)
Request for Order Granting Service By Publication (Form MP - 402.1)
Order for Service of Summons By Publication (Form MP - 402.2)
Summons for Publication (Form MP - 402.3)
Financial Disclosure and Proposed Property Distribution (Form MP – 500)
Income and Expenses (MP - 510)
Additional Income (Form MP - 510-A)
Additional Expenses (Form MP - 510-B)
Vital Statistics form
Request for Hearing and Statement of Compliance with Financial Disclosure (Form MP - 701)
Order Granting Hearing on Dissolution with Children (Form MP - 702)
Dissolution Decree (Forms MP 703 or MP 713)
Notice and Entry of Decree (Form MP - 704)
Consent to Entry of Decree (Form MP - 730)
Custody Basics
Montana family courts pay significant attention to the child’s living conditions and needs after a divorce. For this reason, judges often award equal custody (also called “parenting” in Montana) rights to both parents. However, if one parent poses a danger to the child, the custody arrangements may differ.
Montana family law provides the following types of parenting time/child custody:
Joint physical custody: the child may live with each parent, in turns according to a schedule, or have frequent contact with both parents.
Sole physical custody: the child lives permanently in the custodial parent’s house.
Joint legal custody: both parents can decide how to raise the child.
Sole legal custody: only one custodial parent makes essential decisions concerning the child’s health, education, religion, etc.
The parents may negotiate the child custody arrangements in consultation sessions with a divorce mediator or agree to all issues independently. In this case, they can develop a parenting plan and present it to the judge, who will review and then approve or reject it.
If the spouses cannot agree on custody, the judge will review the relevant factors before issuing court orders. These factors are:
The wishes of the parents and the child;
The child’s relationships with the parents, siblings, and other significant people;
The history of abuse or threats of abuse against the child or other parent;
The child’s developmental needs;
The fitness of each spouse to perform parenting responsibilities, etc.
Uncontested Divorce
Getting an uncontested divorce means discussing and agreeing on all issues regarding divorce before going to court and filing a lawsuit. Couples with at least one unresolved dispute cannot count as having an uncontested divorce. However, they can try mediation if they are willing to compromise, especially when children are involved.
If both parties agree on all issues, they can decrease divorce expenses. For example, they don’t need to hire an attorney and pay thousands of dollars for legal representation.
Also, amicably divorcing couples have more control over the divorce outcome by discussing and putting into writing the following terms:
property division, e.g., real estate, assets, money on bank cards, debts, etc.
child custody arrangements and visitation
alimony and child support
These terms usually go into a settlement agreement, which becomes part of the final judgment. However, there are many other forms the couple needs to file. Thus, if you need help collecting the court-required forms, fast and inexpensively, you can use Divorce.com.
Support Basics
The judge will order the parents to pay child support to provide for any minor children that the couple has together. If they already have a child support order from the Child Support Enforcement Division, the judge may refer to it in the final order.
If there’s no child support order from an appropriate agency, the parents may calculate the payment amount using the state guidelines. They are based on the income of both parties and the number of children and account for shared parenting arrangements and long-distance parenting adjustments.
The parents can stop paying child support when the child turns 18 (and graduates from high school), turns 19 (while attending high school), or emancipates.
