Montana Uncontested Divorce
How to file an Uncontested Divorce in Montana
Montana Uncontested Divorce: An uncontested divorce is one in which both parties involved in a divorce agree on the disposition of all property, assets, finances, and children, and is almost always the best method to use when completing a divorce.
In many states throughout the United States, people filing for an uncontested divorce do not even have to show up for a court appearance.
Most counties in Montana do require a hearing but when spouses file together they either file a form requesting a hearing or a form requesting that the paperwork submitted to the court be ruled on without any testimony.
It is not necessary that both spouses attend the final court hearing for an uncontested divorce in Montana.
Uncontested Divorce in Montana
When hiring an attorney an uncontested case is much cheaper due to the limited nature of the involvement.
Essentially the attorney asks questions and advises one or both parties on the information presented in the forms. Many attorneys will charge a flat rate for an uncontested divorce.
Uncontested divorces are not only in the filer’s best interest, but also in the Montana District Court’s as well.
Since both parties agree on the disposition of everything, all a judge needs to do is ensure the previously filed paperwork is complete and meets legal requirements.
Contested cases can require several hearings and sometimes even a jury, which ties up quite a bit of the court’s time on a single case.
Montana Uncontested Divorce Packets
Another fact surrounding uncontested divorces in Montana is that the majority of all Montana divorces end in an uncontested manner.
For this reason, and to reduce paperwork errors, the Montana Supreme Court added divorce packets on Montana’s main websites.
These packets are available to anyone seeking to file for a Montana divorce and contain all of the necessary forms, instructions, and insight into the divorce process.
The courts expect anyone representing himself or herself to act in the same manner as an attorney would, and the judge will not advise anyone on the court processes.
Uncontested Divorce Process
The process for filing in an uncontested manner requires that both individuals involved in the divorce have previously agreed on all issues surrounding the divorce.
A review of the law and a discussion on how to split everything is the first step.
Montana allows both the husband and the wife to file for divorce on the same petition, rather than one party file, the other party is served, and the other party then files an answer.
If filling out the state supplied paperwork, all forms necessary to finalize the divorce are in the packet.
Request For Hearing
Part of the forms packet is a request for a hearing or a request to proceed without attending a hearing by one of the spouses.
When filling out the paperwork, all forms must be signed in front of a notary and be notarized, or done in the presence of someone in the Clerk’s office.
Once the court reviews all of the submitted Montana uncontested divorce forms, a judge will make a decision based on what was submitted and hopefully grant the divorce by finalizing the divorce decree.
Once the decree is signed and entered into court records, copies will be given to the newly divorced husband and wife either in person when a hearing takes place or through one spouse serving the other with the results of the case from the court.
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See These Related Montana Divorce Pages:
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