Download Montana Divorce Forms and Templates

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Montana divorce forms may be filed in the District Court of where the filing spouse is a resident of at least ninety (90) days. The grounds for a no-fault divorce must be for ‘an irretrievable breakdown in the marriage.” (40-4-107).

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How to File for Divorce in Montana

Step 1 – In order to fill out a joint petition for divorce both spouses must fill out the following forms;

Step 2 – Each spouse must fill out on their own the Petitioner’s Preliminary Declaration of Disclosure of Assets, Debts, Income, and Expenses and exchange with one another.

Step 3 – Make two (2) copies of all the forms and submit with the court clerk’s office in the county which the filing party is a resident. If you cannot afford the fees you may file an Affidavit which may waive payment but this can only be approved by the Judge at the hearing.

Step 4 – Under a joint filing, there is no need to serve the other spouse. The court will grant the parties a hearing and it is required that both parties attend. One of the spouses will have to take the stand and answer basic questions such as;

  • Whether you have been a resident of Montana for the past 90 days?
  • Whether your marriage is irretrievably broken?
  • If the wife wants her former name to be restored?
  • If your proposal for dividing the assets and debts is fair and equitable?

As long as these are answered to the approval of the Judge, a divorce will be issued.

Individual Forms

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