Uncontested Divorce in Montana

The divorce procedure is a period of great stress and emotional upheaval. This turbulence in life can be minimized by opting for an uncontested divorce. The divorcing partners who choose this type of divorce experience some relief as all the major issues like child custody, child support, spousal support, distribution of property and visitation are resolved amongst themselves after reaching a consensus.

By definition, all Joint Dissolutions (i.e. with children or having no children) are uncontested ones.

Forms for Uncontested Divorce in Montana when no children are involved

• Vital Statistics Form: This is used to record the dissolution with the state.
• Notice of Entry of Decree: This is meant to certify that the Decree has been given.
• Findings of Fact, Conclusions of Law and final Decree of Divorce: The separation agreement of the couple is included in these documents.
• Consent to Entry of Decree: Both the divorcing partners can certify their agreement with the action through this document.
• Request for a Hearing and Order: This form is used to schedule a date for the hearing.
• A Final Declaration of Disclosure of Assets, Debts, Income and Expenses: The finances of the spouses, at an individual and joint level, are specified in this document.
• A Joint Petition for Dissolution: Both the divorcing partners sign this form.

When both the divorcing partners decide that they should remain present at the final hearing, then it is not essential to file the Consent to Entry of Decree. The Judge performs the following actions at the hearing.

• Review of the cases.
• Asking some routine questions.
• Signing the Dissolution Decree.

Forms for Uncontested Divorce in Montana when children are involved

In this case, all the forms filed when no children are involved are necessary. Additionally, the following forms are essential.

• A Notice and Acknowledgment to Child Support Enforcement Division: This document specifies third party enforcement of child support.
• A Notice of Filing Child Support Guidelines Financial Affidavit: This is related to child support.
• A Proposed Parenting Plan: This document lays down the terms and conditions of visitation and custody.

Terminology

• The divorcing partner who files the action is called as the Petitioner.
• The divorcing partner who responds to the action is named as the Respondent.
• If both divorcing partners file jointly, they are referred to as Co-Petitioners.
• Divorce actions are called as Dissolutions.

Grounds of Divorce

This is a no-fault state. This implies that "irretrievable breakdown of the marriage" is the ground of divorce. This ground has to be demonstrated in one of the following two ways.

• The divorcing partners should reside apart and separate for 180 days before the filing of the action.
• There must be grave marital discord between the divorcing partners due to which the attitude of both partners towards the marriage must be adversely affected. Also, there must not be any reasonable possibility of reconciliation.

Divorce Papers