All states have different verbiage when describing the termination of the marriage. In Montana, the legal name for a divorce is referred to as “Dissolution of Marriage.” The law calls the divorcing spouses “the parties to the Dissolution,” according to Montana Legal Services.
In a divorce case, there is a petitioner and a respondent. The petitioner is the one who first requests the court to terminate the marriage. They must file the proper paperwork in court at the local clerk’s office. Fees associated with the case must be paid to complete the filing. Keep in mind that there are waivers available as needed.
The second party to the case is known as the respondent. The respondent can file their side of the case once the court has initiated it. There is a strict time frame for all the documents to be filed and responses to be submitted to the court. Please keep that in mind as the case proceeds forward.
Furthermore, if children are involved in the process, there will be more issues to deal with. For instance, the dissolution must include a Parenting Plan for Montana. Montana is one of those states that no longer utilize the words custody or visitation. They prefer parenting instead to encourage the notion that both parents must be present in their child’s life.
Simply filing a Petition for Dissolution does not terminate the marriage immediately. It starts when the courts begin making decisions regarding a divorce. For example, how to divide the marital property and who gets to keep the office. The whole process may take several months, especially if the couple disputes every issue and cannot agree to finalize the divorce.
Who May File for a Divorce in Montana?
Either spouse can file for a termination of marriage in Montana. Some prerequisites exist before a case can be heard in a Montana Court. For instance, the state of Montana but has jurisdiction over your case. Besides jurisdiction, you must meet the residency requirements for Montana. To be a resident of Montana, you must have been living there for at least 90 days before filing a petition.
If there are minor children, then they must have resided in Montana for six months or more. However, there are a few exceptions to the rules above. Suppose there is a safety concern for either the children or the spouse. To prevent any life-threatening issues, the courts will accommodate the parties to ensure their safety.
Where Do I File for Dissolution in Montana?
Generally, you must file a Dissolution in the local District Court and where the venue is proper. A county is considered a proper venue if the following are satisfied:
- One or both spouses hold real property in the county;
- One or both spouses reside in the county;
- The children reside in the county; and
- The children have significant ties to the county, such as attending school there.
Each case is unique, and you may have multiple venues that could potentially satisfy your case. Therefore, it is important to seek professional legal advice on this matter.
How Does the Court Decide If You Can Obtain a Dissolution?
The Montana Court utilizes local state regulations regarding dissolution to decide on it. Some legal grounds need to be met before a judge can grant a dissolution of marriage. The most common one is “an irretrievable breakdown of a marriage.” In the petition, you must include these grounds and have lived apart for 180 days before filing it.
You can research the precise language that needs to be stated and seek assistance from a local legal professional. In Montana, proving that one party is at fault for the marriage breakdown is unnecessary.
Once the petition is filed, the respondent has 21 days to answer it. If the respondent fails to respond promptly, a default judgment will be entered against them. To avoid this, you must timely file your answer once the case is filed. The respondent will have to abide by the guidelines set in the default judgment. If you, as the petitioner, receive a default judgment, the court will grant you the terms you requested in your case.
But, the court does review those terms under equality. Meaning equitable does not necessarily mean that things are divided evenly. Furthermore, if there are any minor children, the court will evaluate any Proposed Parenting Plan under the child’s best interest standard. The court will determine if the plan meets the child’s wants and desires according to Montana law.
In some cases, the couple may agree to all the terms of the dissolution. In this situation, you may file a Joint Dissolution. This process is much simpler and quicker than if the couple is disputing. In this scenario, if the parents agree with the parenting plan and agree on how to divide the property, the parties are considered Co-Petitioners. You both may sign the Joint Dissolutions and finalize the whole process faster.
What Occurs During a Divorce Lawsuit?
It depends on each case, but the general rule is that if the parties agree on their issues, things will be simpler and more efficient. For instance, if there is a disagreement on the terms of the dissolution, the divorce is labeled contested. The parties may need to attend a series of hearings to finalize the dissolution. These hearings can last several months. However, parties can still agree to a contested divorce. A Scheduling Order lays out a time frame for the case and requirements for the trial. Usually, courts will order mediation as part of the process before the trial.
Keep in mind that besides the grounds, there are also residency requirements for the divorce to proceed. In Montana, the judge can grant you a divorce if you or your spouse have resided in the state for ninety days before filing the divorce petition.
How Can I Obtain Alimony in Montana?
Alimony or spousal support is paid to your spouse for financial support once you decide to separate. There are variations to the amount of support and how long it will be granted. Below are some factors that the judge considers when awarding alimony or spousal support in Montana:
- The financial health of the spouse paying the payment and if they can balance that with their own needs;
- How did the couple live during the marriage or their standard of living;
- The time required for you to obtain the necessary education or training to seek employment;
- The length of your marriage; and
- The physical, emotional, and general health of the spouse.
When Do I Need to Contact a Lawyer?
If you reside in Montana and want to file for a divorce, you can seek a local Montana divorce lawyer in you area to assist you. Divorce has many components, and understanding those different issues can be challenging.
The judges look at several things before granting a dissolution of marriage. You can research your local state’s regulations on your county government website. If you have questions about where to start, your lawyer can help with researching the relevant laws and statutes. They can also guide you through the process from beginning to end.
