![Montana Marital Settlement (Divorce) Agreement Form [PDF]](/_next/image?url=%2Fimages%2Fdocuments%2Fplaceholder-general.png&w=3840&q=75)
The Montana settlement agreement form is a legal document that outlines the conditions under which a couple terminates their marriage. This document covers various aspects of the divorce, such as child custody, a parenting plan, or asset distribution.
The agreement can be drafted without legal assistance if the parties agree upon all the aspects of their divorce. Spouses must obtain the marital settlement agreement template and fill it out, and the document must be signed and notarized.
Divorce Forms
In Montana, divorce forms are filed with the district court of the county where spouses reside. It usually costs between $150 and $250, and each county has a different filing fee. The divorce procedure typically takes at least 20 to 30 days to finalize.
Divorce Laws and Legal Requirements in Montana
Divorce laws and legal requirements in Montana ensure fairness and provide guidance in the divorce process. Here’s what they propose:
Divorce Laws and Legal Requirements
Alimony: Section 40-4-203 of the Montana Code Annotated states that the court may award maintenance, also known as alimony, to one spouse if there is evidence that they do not have enough property to meet their needs and cannot support themselves through their existing employment.
Child support: According to Section 40-4-204 of the Montana Code Annotated, the court may order one or both parents to pay child support based on the child’s needs and the parents’ income. The state regulations set the amount, and the court may change it if necessary.
Division of property: The court is responsible for distributing the marital property fairly between the spouses, as stated in Section 40-4-202. The court will consider various factors, such as marriage length, each spouse’s financial situation, or their contributions to marriage.
Grounds for divorce: Sections 40-4-104 and 40-4-107 state that the court may grant the divorce if the marriage is irretrievably broken. To establish this, spouses must prove that there is significant marital discord or that they lived apart for more than 180 days.
Interim support: Either party may ask the court for an order for temporary maintenance (alimony) during the divorce process, as stated in Section 40-4-121 of the Montana Code Annotated.
Residency: Section 40-4-104 states that one spouse must reside in the state for at least 90 days before filing for divorce. The same period applies if the spouse is a member of the armed forces stationed in Montana.
Separation: The same section states that if spouses want the court to accept separation as the reason for divorce, then they must live apart for at least 180 days.
How to File For a Divorce in Montana in 5 Steps
Filing for divorce in Montana is not an easy task, so we broke it down into five easy steps:
#1. Fill Out the Divorce Forms
The most important document the spouses need to fill out in order to start the divorce process is a divorce complaint (petition). If both parties reach an agreement on all divorce terms, they can file a ”joint petition for dissolution of marriage” with children or without them.
Here is a list of all the additional forms that the parties might have to file along with the petition:
Order granting hearing on dissolution without children or with children
Dissolution decree without children or with children
#2. Complete Marital Settlement Agreement
The marital settlement agreement serves as proof to the court that spouses agreed on all terms related to the divorce and that they can now enter the uncontested divorce process.
Uncontested divorce is easier and shorter because the court does not need to intervene, and there will be no additional hearings with a focus on divorce issues.
On the other hand, spouses who cannot agree on all divorce matters start a contested divorce process where they have to ask the court to address these matters instead.
Additionally, spouses can seek a mediator to help them draft the divorce settlement agreement and ensure that all terms are fair.
#3. File the Forms With the Court
All of the necessary divorce forms must be filed with the court clerk in the county where the spouses reside. They will have to pay a filing fee, which is around $200, depending on the state.
However, if spouses are unable to pay the fee due to financial difficulties, they could ask the court for a fee waiver. They need to file a request for waiving court fees with the court clerk, and the judge will review their request. If the request is denied, spouses must find another way of paying the fees, or their case will be dismissed.
The court clerk will set a time and date of hearing for spouses and assign a case number.
#4. Attend Final Hearing
Both spouses must attend the final hearing unless one of them asks for an attendance waiver by filing a consent to entry of decree. At the hearing, spouses should make statements if necessary and provide evidence for the claims they have made.
The judge will review the documents they provided and ask them questions about marriage and the current situation. When the judge decides that everything is in order, they will sign the final dissolution decree, at which point the divorce process will be finalized.
The last thing the spouses need to do is file the divorce decree with the court clerk and obtain their certified copies.
#5. Change Your Name
To legally change their name, a spouse must make a request for a name change in the petition for dissolution of marriage. When the divorce is finalized, the request is also granted, and spouses can change their names with certified copies of the divorce decree.
However, if the spouse did not make a request for a name change in the petition, they must make a request in a separate case. This can be done by filing the petition for name change with the district court.
The spouse should first change the name on all identification documents, such as a passport, driving license, and ID card. Additionally, they should update public records and inform friends and family of the name change.