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).
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.