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Uncontested Divorce Montana


A Short Introduction to Uncontested Divorce in Montana

There are at least two different types of uncontested divorce in Montana. Keep reading to find out which one applies to your situation and how to file for it.

A Summary Dissolution of Marriage

A summary dissolution is the simplest types of uncontested divorce in Montana, and for those who qualify, it offers the perfect option for moving forward with your life as quickly and painlessly as possible. The stringent requirements include:

• Both parties agree that the divorce is necessary.

• Either no children have been or will be born or the marriage OR all parenting plans and child support have been agreed on.

• Neither spouse owns any real estate.

• The unpaid debt taken out by the couple amounts to no more than $8,000.

• The assets of both parties can be worth no more than $25,000. Secured obligations, loans with property as collateral such as a leased car, are excluded from this provision.

• Both parties agree on how to divide their property as well as their debt.

• Both parties agree that spousal support is unnecessary, and they waive their rights to it.

• Both parties agree not to sue on appeal the final judgment of dissolution of marriage.

The first step to filing for this type uncontested divorce in Montana, for those who meet all the above stipulations, is to file various forms with their district’s court clerk. Those forms include:

• Form 216: Petition for Summary Dissolution

• Form 217: Marital and Property Settlement Agreement

• Form 219: Findings of Fact, Conclusions of Law and Final Decree of Dissolution

• Form 220: Vital Statistics Form

• Form 221: Request for Hearing and Order Setting Hearing on Final Decree

• Form 222: Order for Name Change (if necessary)

• Form 223: Parenting Plan Orientation Order (if necessary)

• Form 224: Stipulated Final Parenting Plan (if necessary)

Bring the original and two copies of all the above forms to the courthouse along with a $200 filing fee. A hearing will be scheduled when the judge will approve of your separation. At that time, another filing fee of $45 must be paid and your uncontested divorce in Montana will become final.

A Joint Dissolution of Marriage

Thankfully, there are other options available for uncontested divorce in Montana for those who do not qualify for a Summary Dissolution of Marriage, usually because they own property. For the most part these individuals file for a Joint Dissolution of Marriage. The forms required of this uncontested divorce in Montana are:

• A Joint Petition for the Dissolution of Marriage

• A Final Declaration of Disclosure of Assets, Debts, Income and Expenses

• Request for a Hearing and Order

• Consent to Entry of Decree, which is not necessary if both parties attend the final divorce hearing

• Vital Statistics Form

• Findings of Fact, Conclusions of Law

• Notice of Entry of Decree

• Decree of Divorce

• A Proposed Parenting Plan (if necessary)

• A Notice of Filing Child Support Guidelines Financial Affidavit (if necessary)

• A Notice and Acknowledgment to Child Support Enforcement Division (if necessary)

Again, as with the Summary Dissolution of Marriage, the required forms will be filed with a $200 fee and a hearing date will be scheduled when the uncontested divorce in Montana will be approved by the judge.

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