Uncontested Divorce in Montana

Uncontested Divorce in Montana

In the news very often we learn about the terrible and dirty divorce of a celebrity. Many star couples make real wars in court. However, this does not mean that every divorce should be so vile. If the spouses can discuss, talk, and listen to the interests of each other, then it’s possible to dissolve a marriage quite easy and inexpensive.

What is an Uncontested Divorce in Montana?

In Montana, as in other states, a divorce can be obtained in various ways: contested and uncontested. When spouses apply for a contested divorce, it means that there are too many contradictions between them and they rely on the decision of the judge in these matters. Such a separation will end only after the court makes a judgment on all disputed issues of termination. The duration of a contested dissolution will depend mainly on the number of disputed terms between the spouses and how complicated they are. Therefore, a contested divorce may last a year or more. In addition, such dissolution can cost a lot of money, since the spouses will have to hire lawyers to protect their interests before the court. Yes, sometimes the contested divorce turns into a whole drama.

If the spouses can negotiate all the key aspects of their termination and find a compromise, such a divorce will be uncontested. On average, it will take from 30 to 90 days to be finalized. However, to dissolve the marriage in an amicable way, the spouses must resolve all the controversial issues of their divorce, namely the distribution of the marital property, the separation of care of minor children, financial support for the child and spousal support. Also, the husband and wife must sign the Settlement Agreement, in which they must state all their compromise decisions.

Another essential feature of the uncontested divorce is the grounds that led to the desire to dissolve the marriage. They must be no-fault; in other words, spouses do not blame each other for breaking the relationship. The only one ground for an uncontested divorce in Montana is the irretrievable breakdown of the marriage and spouses have to leave separate and aport for 180 days before filing a petition.

How to Get a Divorce in Montana Without a Lawyer?

Those couples who want to dissolve a marriage amicably can do it without a lawyer. It is called a Pro Se divorce and means that spouses independently represent their interests before the court. Besides, on the Montana Judicial Branch website, there is all the needed information on how to file for divorce yourself.

Another affordable and inexpensive way is online divorce. On the website, you can prepare all the necessary forms for a reasonable price, which will be cheaper than the services of a lawyer. Moreover, the system will send the instructions, which will help to get a divorce without an attorney. Online divorce is a very convenient way to prepare for trial. And it takes quite a bit of time. In just a few business days, the customer can receive completed forms that are necessary for the court.

How to File for Divorce in Montana?

To file for divorce in Montana, one of the spouses must be a resident of the state for at least 90 days before the beginning of the trial. If there are minor children in the family, children must live in Montana for at least six months.

Note that before going to the court, spouses must prepare. Husband or wife or both of them should collect all the necessary divorce forms and fill them out following the peculiarities of their dissolution. All the required divorces papers are available on the Montana Judicial Branch website or at the county clerk office.

When the paperwork is done, the claimant or both spouses must file all the divorce documents with the county clerk and pay the court fee, after which the case will be accepted (if the papers are correct). If the spouses file a joint petition, after registering the case, they must draw up a Settlement Agreement and pass parenting classes before the judge grants a divorce.

If only one spouse (the claimant) files divorce papers, he or she must provide the respondent with all copies. This process is also known as serving the spouse. In turn, the defendant must read the papers after he has received all the copies and file an answer. If both spouses agree to an uncontested divorce, the court will set a date for the first hearing. Until that time, it is necessary to discuss all disputes and sign a Settlement Agreement. Spouses can also go through a course of mediation, which will help them to settle all differences. An uncontested divorce can be obtained at the first hearing 20 days after the serving of the defendant. However, in many instances, a divorce can take up to three months, since the courts can be very busy with other cases.

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