Montana Affidavit for Entry of Decree for Dissolution of Marriage Without Hearing
Definition and meaning
The Montana Affidavit for Entry of Decree for Dissolution of Marriage Without Hearing is a legal document used in the state of Montana to finalize a divorce without the need for a court hearing. This affidavit is commonly utilized when both parties agree on the terms of their divorce and wish to streamline the process by avoiding courtroom appearances. The affidavit serves as a sworn statement affirming the mutual consent of both parties towards the dissolution of their marriage.
How to complete the form
Completing the Montana affidavit requires careful attention to detail. Here are the key steps:
- Gather necessary information: Collect personal details, including names, ages, and occupations of both parties.
- Specify the marriage details: Include the date and location of the marriage.
- Children's information: List the initials and birth years of any minor children.
- Check grounds for dissolution: Select the appropriate statements regarding marital separation or discord.
- Review financial disclosures: Confirm compliance with required financial declarations.
- Sign and notarize: Both parties must sign the affidavit in front of a notary public.
Ensure that all fields are filled accurately to avoid delays in processing.
Key components of the form
The affidavit consists of several important sections that must be completed. Key components include:
- Petitioner and Respondent Information: Names, ages, and current residences of both parties.
- Marriage Details: Date and place of marriage, along with the indication of any children.
- Grounds for Dissolution: Clear statements regarding the irretrievable breakdown of the marriage.
- Financial Disclosures: Affirmation that both parties met disclosure requirements regarding assets and liabilities.
Filling out these components accurately is crucial for the court's approval.
Common mistakes to avoid when using this form
When completing the Montana affidavit, it is important to avoid several common pitfalls:
- Incomplete information: Ensure all sections are filled out thoroughly.
- Inaccurate details: Double-check names, dates, and facts to prevent discrepancies.
- Omitting required signatures: Both parties must sign, and the affidavit must be notarized.
- Incorrect grounds for dissolution: Make sure the selected grounds accurately reflect the situation.
Avoiding these mistakes can significantly expedite the process.
What documents you may need alongside this one
In addition to the affidavit, you may need to prepare and provide several supporting documents:
- Marriage certificate
- Birth certificates for minor children, if applicable
- Financial disclosures per Montana law
- Proposed Decree of Dissolution
Gathering these documents in advance can facilitate a smoother submission process.
Who should use this form
This form is intended for individuals who are seeking a divorce in Montana without a court hearing. It is suitable for:
- Couples with mutual consent: Both parties agree on the terms of the divorce.
- No disputes over custody or financial matters: Ideal for straightforward cases.
- Individuals who have lived in Montana for at least 90 days prior to filing.
This form helps streamline the divorce process for eligible users.
Form popularity
FAQ
Montana law allows two persons to dissolve their marriage only when irreconcilable differences have caused irretrievable breakdown of the marriage and when either spouse states that the marriage should be dissolved.
Montana allows three methods to serve your spouse. You can hire a sheriff to serve the divorce paperwork for a fee. When the papers are served, the sheriff will return a form to you verifying service, which you will then file with the court. If your spouse agrees to accept the papers, you can mail them to him or her.
Montana has a 21-day waiting period before a judge may issue a final divorce decree. The waiting period starts on the date when: the "respondent" (non-filing) spouse received the divorce papers, or. both spouses filed a joint dissolution petition (which is allowed in uncontested divorces).
Montana is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case.
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.
How much does it cost to file for a divorce in Montana? The fee is $170 to file a petition for dissolution of marriage. The fee is $150 to file a petition for legal separation. The fee is $120 $to file a petition for a contested amendment of a final parenting plan.
What are the grounds for divorce in Montana? you and your spouse have lived separate and apart for more than 180 days before filing for divorce; or. there is serious marital disagreement (discord) that negatively affects your or your spouse's attitude about your marriage.
In Montana, the legal name for a divorce is a "Dissolution of Marriage." The law refers to the divorcing spouses as "the parties to the Dissolution."
