Marital dissolution is the termination of a marriage. It means that the partners want to get divorced and they cannot find common ground on many issues, such as child custody and visitation schedule. The starting point for divorce is the destruction of the marriage. Common law divorce in Montana does not imply a trial, yet the judge may order a certain hearing in the course of a few months. The judge will hear arguments and make decisions on the petition for dissolution of marriage. After all the points have been decided on the ground, the petitioner may submit written responses and the judge will consider those written responses as well. Thus, the entire process of dissolution of marriage can be completed in a matter of months.
However, there are some significant details that should be kept in mind when going through the actual process of divorce. First of all, the petitioner must have lived in the state for at least 3 months before initiating the legal procedure. The only exception can be made for military members who are automatically considered residents of Montana. Second, the couple does not have to provide any reasons as to why they want to break up. They just indicate that they are incompatible and their relationship cannot be saved. Regarding the reasons, the judge may ask justifications for the breakdown of the marriage, and not necessarily the motivations of the previous spouses. In the case of uncontested divorce, the motivations do not have to be stated explicitly but the fact of the marital infidelity is enough to demand a divorce.
If the partners do not have disputes over various marriage-related issues, they may be divorced based on the fault-based method. This type of dissolution is effective for couples who do not have disputes over such issues as property division or child custody. The main requirement for this type of dissolution is to offer to get an agreement and to discuss the case in a friendly way. In other cases, the judge may decide to put an end to the marriage in the form of a decree. The fault-based method of divorce in Montana does not imply a trial and the complete submission of all the documents will reduce the time necessary for the finalization of the case. The petitioner must indicate the reason as irreconcilable differences or that the partners are incompatible with one another. If the partners have disputes over property division or child custody, they may apply for an uncontested divorce. This method does not imply a trial and the complete submission of all the documents will reduce the time necessary for the finalization of the case.
There is no waiting period in Montana because the petitioner does not need to wait for the written agreement of the partners before filing for divorce. The entire process of divorce in Montana takes as little as 60 days from the day the petition is filed. The starting point is to file the petition with the court. After that the papers need to be copied to your partner. After that the papers need to be served to your spouse. And if applicable, you also need to pay the court fees. The approximate cost of divorce in Montana with the help of the attorney is $75 – $100 – with the filing fee approximately $150.
If you are unable to provide the papers to your spouse because of the disagreement with your spouse, you can apply for an uncontested divorce. The court will require you to appear in front of the court and submit an agreement regarding the division of the property, child custody and financial support. If you are satisfied with the current agreement and wish to change it, you need to submit the document kit to the court. After that the papers will be delivered to your partner and he or she will have two months to respond. If no response is received from your spouse, the divorce is likely to be granted.
If you are filing for divorce in Montana without a lawyer, you need to bring all the papers to the court. The judge will look through the whole package and make the appropriate decision. If there is no agreement, the petitioner can ask for a hearing. According to the Montana divorce law, the petitioner needs to present evidence of their partners fault for the divorce. If there is no evidence of fault, the judge will not approve the petition.
If the information provided by the petitioner is correct and the requested decision is accepted, the case will be finalized without a hearing. The date of the final Montana divorce is set 4 weeks from the day the petitioner applied for the decree.
Filing for divorce in Nebraska
After the petitioner has completed all necessary forms and papers, he or she needs to register them. The registration procedure needs to be completed by both spouses. It includes the following steps:
Responding to the petitioners request with the submission of the release of information about their partners
Paying the court fees
Providing copies of the papers to your spouse
Waiting until the judge gives the dissolution decree
Deciding on the final decree and signing it.
If spouses are divorcing in NE, one spouse should file with the court and serve the document kit to the other.