Montana Instruction for Divorce with no Children

State:
Montana
Control #:
MT-827D
Format:
PDF
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Description

Instruction for Divorce with no Children: This is an official form from the Montana State Court, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by Montana statutes and law.

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FAQ

No. Even if your spouse refuses to sign any documents, the court can grant a divorce order. But you must prove your spouse was served according to the rules.

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.

Montana Divorce Source: Montana Alimony. Montana law allows for alimony, also called maintenance, when necessary due to one spouse's circumstances.Fault is not a consideration under Montana law, and the court may not consider it in granting alimony. Either spouse may seek and receive alimony.

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.

In Montana, a divorce can be completed on average in a minimum of 110 days, with court fees of $200.00. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in Montana for a minimum of three months.

The court fees for filing the paperwork for a basic divorce in a Montana court is $200.00. However, the total costs for a divorce can be much higher - especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.

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.

Montana is an equitable distribution state. Equitable distribution means that the marital property will be split between spouses in a way that is equitable, or fair.The court will usually accept a written separation agreement that details the spouses' preference.

Hide things from your attorney. Dispose of assets you know your spouse is going to request. Fail to keep a copy of all communications with your soon to be ex-spouse. Incur debt in your spouse's name. Make comments in front of your children about your spouse. Use drugs or excessive alcohol.

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Montana Instruction for Divorce with no Children