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In Montana, divorce is called ‘dissolution of marriage’ and can take you as little as 20 days. Not all couples qualify for a streamlined procedure, though. Let’s see the options the state of Montana provides for divorcing spouses and the conditions they should meet.
Legal Representation vs. Self-Representation
What kind of divorce a couple can have depends on their:
- agreeableness,
- key terms of their divorce, and
- financial possibilities.
Usually, couples want to apply for a divorce without an attorney if they are able to decide on custody, support, and real estate issues on their own and don’t want to spend more than they should. Their options are self-representation (DIY divorce) and online divorce.
If spouses want an amicable end to their marriage, have agreed on the key terms of their divorce, and don’t mind spending $1,500 for a flat-fee package divorce, they can hire a lawyer who will do all the paperwork and keep deadlines for filing divorce papers.
Spouses who want to contest child custody, property division, or spousal support in court, have to each have a divorce attorney.
Standard Divorce vs. “Summary Dissolution”
A no-fault, no-blame breakage of marriage means an uncontested divorce in legal terms. It’s a standard divorce when the petitioning spouse files a divorce petition with the court, serves the responding spouse with the divorce papers, completes the divorce in 3-4 months on average.
In Montana, an uncontested divorce is a relatively streamlined and fast procedure. However, amicable couples who resolve the divorce-related issues can end their marriages even faster if they qualify for a summary dissolution.
In addition to the standard requirements for an uncontested divorce (90-day residency, no-fault divorce, a signed parenting plan, a signed settlement agreement with property distribution clauses), a joint dissolution divorce procedure requires spouses:
- Not to own an interest in real estate;
- Not to have other assets valued at more than $50,000;
- Have less than $20,000 in unsecured, unpaid debts taken on in the marriage;
- To waive alimony; and
- To waive the right to appeal the divorce judgment after the divorce process is complete.
Both standard divorce and joint dissolution can be filed without hiring an attorney. The state of Montana provides information support to self-representing spouses. Web divorce companies offer assistance with preparing an application for divorce online.
Self-Representation vs. Online Divorce
Opting for a Do-It-Yourself divorce (self-representation) in Montana, divorcing couples can ensure the correctness of their document preparation by recruiting Internet divorce services. Modern couples don’t need to walk to a local courthouse to obtain divorce forms or print out forms available through Montana’s court website. Web-based document preparation services will complete and mail hard copies of the completed forms after petitioners fill out a simple questionnaire on the website.
Couples who want to complete divorce online obtain the completed forms and filing instructions. As a divorce forms generation tool, an online divorce service doesn’t arrange for the filing in Montana. Filing for divorce is the responsibility of the petitioner.
The Steps of the Divorce Process in Montana
Regardless of the type of uncontested divorce, the requirements are the same.
- Residency requirement. Either spouse must have lived in Montana for at least 90 days before filing for divorce.
- Separation requirement. The spouses must be separated for 180 days before filing for divorce. This requirement is not valid for contested divorces.
Summary Dissolution
Now, let’s take a look at a summary dissolution in Montana.
Summary dissolution, also known as joint dissolution, requires both spouses to sign the completed forms in the presence of a notary and file them at the courthouse together with financial disclosures and a settlement agreement (with property division and child custody clauses). Also, spouses can request a final hearing or waive the right to a hearing.
After the spouses file the forms and pay $200 (+$45 for a divorce judgment without a hearing) as filing fees, they have their divorce completed within 20 days of filing. In case of a hearing, one or both spouses attend, answer the judge’s questions, and obtain the final divorce judgment if the paperwork is filled out correctly and all requirements are met.
Standard Divorce
In a standard divorce filing procedure, one spouse can file a divorce case. Referred to as the petitioner, the filing spouse does the same sequence of steps as in a summary dissolution procedure but without the spouse.
The petitioner prepares the divorce forms (online or without assistance), signs them in the presence of a notary, and files them at a local court, paying filing fees.
The respondent is to be ‘served’ with the divorce documents by the sheriff, private process server, or by mail. Whatever the method, the petitioner should obtain a “return of service” form and submit it to the court. Even with no waiting period in Montana, the respondent has 30 calendar days after service to file an answer.
Get it Over with Quickly and Easily
As you can see, options for filing and proceeding with the divorce vary in Montana. But when spouses are aware of the requirements and available options, they can end a marriage least painfully.
There are ways to control every aspect of a divorce. If you want to save time and effort, hire a lawyer. If you want to drive the cost of divorce down, use the assistance of online divorce services. If you struggle with agreeing on custody split, parental responsibilities, and support issues, try mediation. Getting a divorce has never been easier.
