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Montana No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for people with Minor Children

State:
Montana
Control #:
MT-006A-D
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Description

This divorce package includes (1) Information about Divorce, (2) Forms List, (3) Forms Explanations, (4) Instructions and Steps, (5) Checklist, (6) Forms and (7) Access to Divorce Law Summary for Your State. The forms include the required petition or complaint, waiver, separation agreement, financial reporting statements, judgment and other forms to complete your divorce.

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FAQ

Changes Before A Settlement Is Finalized Since nothing has been agreed to, there is nothing to reverse or stop. Once the paperwork has been signed, there is a limited amount of time to rescind the settlement agreement before the judge finalizes it.

WHAT ARE MY PROPERTY RIGHTS IN A MONTANA DIVORCE? Montana is an equitable division state, not a "community property" state.

A divorce can become contested after originally being uncontested. If spouses find it difficult to cooperate with one another during mediation sessions, they may be unable to finish the process. This can cause them to contest their divorce instead to have a judge make decisions for marital issues.

Can uncontested divorces be reversed? Divorces cannot generally be reversed after that the judge has already signed off and finalized everything.If it was an uncontested divorce, it will be easier for the parties to come together and agree on what needs to be changed.

If the divorce settlement hasn't yet been finalized, you can file a motion to ask the court not to rule on the settlement, which would put a stop to the proceedings. If the divorce settlement has already been signed and the judge signed the divorce decree, you might be able to reverse the judge's decision.

Montana law is clear that adultery, and other misconduct during the marriage, does not affect alimony.Montana courts also don't consider adultery when deciding custody and visitation of children.

The fact is that California is a no fault state and you do not need your spouse's signature in order to get a divorce.If your spouse fails to file and serve you with a response, you can file a request for default against your spouse after 30 days. You can also file a proposed judgment for the court to approve.

A Waiver of Service is sometimes called a Waiver of Citation. In an agreed or uncontested divorce, it is assumed that the spouse agrees to sign the waiver of service. If they do not, you may not have an uncontested divorce.This is the order of the Court in a divorce and is the final document.

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.

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Montana No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for people with Minor Children