Montana Instructions for a Joint Petition Divorce - No Children

Joint Divorce???, both parties file for divorce together. Both parties will sign the necessary court documents, advising the court that they both agree to the divorce.?? This option is more suitable when the spouses are amicable with each other and are capable of cooperating to sign the divorce documents.

A sole Application is an Application filed solely by yourself and a joint Application is filed by both you and your spouse. When an Application is filed, it will be given a hearing date. This is the date that the Court will decide whether all the evidence required has been provided, and if so, grant the divorce.

To file for dissolution in Montana, either you or your spouse must be domiciled in Montana, and in the county, for at least 90 days. Montana and the county must be your primary place of residence. You may be a part-time resident of more than one state, but may only have one domicile.

Firstly, a joint petition for dissolution of marriage for a decree of divorce is to be presented to the family court by both the spouses on the ground stating that they have not been able to live together and have mutually agreed to dissolve the marriage or they have been living separately for a period of one year or

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.

After you file the petition for divorce and request for temporary orders, you need to provide a copy of the paperwork to your spouse and file proof of service with the court. Proof of service is a document that tells the court that you met the statutory requirements for giving a copy of the petition to your spouse.

You have until your spouse files an answer to your complaint to cancel the divorce. By filing first you are the plaintiff and she will be the defendant. At trial, if your divorce case goes that far, you would go first.This means the reason for the divorce doesn't matter.

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.