When you are ready to get started, you need to prepare your documents, bring them to your local district court, and ask for the review. In Montana, divorce filings start with preparing a complaint which explains why you want to get a divorce. After that, youll have to deliver your documents to your spouse which, according to the law, means handing them over to a judge. Even if you believe that your spouse did not give you the right to receive what you want, you still have to appear in court.
There are also some other things you should prepare for if you are going to divorce:
- Information about your kids
- Medical and psychological documents
- Financial statements
- Statements regarding your age, sex, employment, common childrens services, etc.
There are many other forms that you should prepare if you want to get a divorce. The important ones are the ones that will be applicable to your state. If you are going to divorce in Montana, you should make sure that you gather the documents that will be applicable to your state. For example, if you are going to divorce in Montana, you should bring copies of your will and documents with it to your local district court. Even if you are not able to bring those papers with you, you can find a good online divorce service that will help you.
The final step is to submit the documents to your local district court. There are various methods by which you can do that. Some require you to go to the local clerks office, while others are online. Regardless of how you get the documents, you are going to need them in court. And that is why the best solution is to get them from your local district court. It will not take much time for a judge to consider all of the information and make a decision.
Now, if you understand that the process is going to be long and challenging, you should get ready for changing the legal status. Montana allows both fault and no-fault divorce. If you decide to have an uncontested divorce, you wont have to go to court to get the latter. Instead, youll be able to file for divorce online and will be able to finalize the case faster. If you decide to have a contested divorce, you might have to spend more time in court and get the latter with fewer benefits. Still, both methods have their pros and cons.
With a fault divorce, you need to prove that your spouse intended to cause you harm and you didnt stop him or her. This method is more difficult and potentially costly than without a fault divorce. If you want to get more information on how to get a divorce in Montana without a lawyer, read this article and our FAQ.
With a no-fault divorce, you do not have to prove your spouses fault but you can put your better judgement on what constitutes fault. The relevant provision of the state constitution provides for no-fault separation, which implies that no one can file for a divorce in Montana without a lawyer. It also implies that there are no general rules applicable to the case, meaning that you need to specifically select the type of divorce you are going to carry out.
How to get a divorce in Montana
If you and your partner are able to split up amicably and decide on all the matters, you can opt for a simplified procedure called a decree de simpleement de novo (the decree enables the couple to agree on the conditions of your case). This kind of divorce is available when both of you are able to reach an agreement on the separation terms. The major requirement for this type of divorce is to fill out the respective set of documents and send them to the local administrative bureau. The further you go, the more difficult the process becomes. It is necessary to make sure all the relevant forms are filed in the right county first. Then you can start the process of dissolution of marriage.
To end your official relationship, you need to submit the documentation to the local administrative body. The first paper should be a Complaint for Divorce, which explains the spouses’ respective claims and asks for the dissolution of marriage. The second paper should be the Summons, which is the document from the party that is closest to the spouses. After that, the document called the Acknowledgment of Service should be filled out, and it should be signed by both of the parties. After that, the document called the Settlement Agreement should be signed and submitted to the court. After that, the document called the Final Decree of Divorce is created and given to the judge.
How do you divorce in Montana?
You can end your official relationship by becoming divorced without a lawyer in the state, and this method is relatively easy. After all, even if you decide to hire a lawyer, you will still have to pay court costs. The most significant thing is to ensure you file all the papers with the relevant courthouse in the right county.