Uncontested Divorce Petition Packet - Montana

MONTANA UNCONTESTED DIVORCE — DISSOLUTION OF MARRIAGE FILING PACKET

PART 1 — PRE-FILING ELIGIBILITY & GROUNDS CHECKLIST

☐ Residency / domicile (Mont. Code Ann. § 40-4-104(1)(a)): At the time the action is commenced, one of the parties was domiciled in Montana, or stationed in Montana as a member of the armed services, and that domicile or military presence was maintained for 90 days preceding the filing.
☐ Child-custody jurisdiction: If parenting orders are requested, analyze the UCCJEA under Mont. Code Ann. § 40-7-201. Montana is ordinarily the child's home state on commencement, or was the home state within the preceding 6 months while a parent or person acting as a parent remains here; the statute also contains significant-connection, declined-jurisdiction, and no-other-state routes. Do not reduce the analysis to a blanket six-month-residency filing bar.
☐ Grounds (no-fault) — irretrievably broken (§ 40-4-104(1)(b)): Supported by evidence that EITHER:
☐ The parties have lived separate and apart for more than 180 days before the proceeding commenced; OR
☐ There is serious marital discord that adversely affects the attitude of one or both parties toward the marriage.
☐ Full agreement (uncontested): Both spouses agree on the parenting plan, child support, maintenance, property division, and debts.
☐ Court and venue: File in the District Court. Under Mont. Code Ann. § 25-2-118(3), proper venue for a Title 40, chapter 4 action is a county in which the petitioner or respondent resided during the 90 days before filing.

Filing fee: Verify the current amount with the Clerk of the District Court. The Montana Judicial Branch publishes a Request for Waiving Court Fees with its current dissolution forms.

PART 2 — COURT CAPTION (used on all pleadings)

PART 3 — PETITION FOR DISSOLUTION OF MARRIAGE (Mont. Code Ann. § 40-4-105)

1. TYPE OF PETITION

☐ Joint petition — both spouses sign and file together as Co-Petitioners.
☐ Single petition — one spouse files; the other is served or files a Joinder/Acknowledgment.

2. RESIDENCY / DOMICILE (Mont. Code Ann. § 40-4-104(1)(a))

☐ ☐ Petitioner ☐ Respondent has been domiciled in (or stationed in) Montana for at least 90 days preceding the filing of this Petition.

3. MARRIAGE FACTS

• Date of marriage: [__/__/____]
• Place of marriage: [____________________]
• Date of separation (if any): [__/__/____]

4. GROUNDS — IRRETRIEVABLE BREAKDOWN (Mont. Code Ann. § 40-4-104(1)(b))

The marriage is irretrievably broken, shown by:
☐ The parties have lived separate and apart for more than 180 days before commencement of this proceeding; OR
☐ There is serious marital discord that adversely affects the attitude of one or both parties toward the marriage.

5. CHILDREN

☐ There are no minor children of the marriage and the wife is not pregnant.
☐ The minor children are:

☐ If minor children, attach a Final Parenting Plan (Mont. Code Ann. § 40-4-234) and a child support calculation (Admin. R. Mont. 37.62.101 et seq.).

6. PARENTING & CHILD SUPPORT (if applicable)

• Parenting plan: ☐ Joint/shared ☐ Primary residence with [_________] (Mont. Code Ann. § 40-4-234)
• Parenting/contact schedule: [________________________________]
• Child support: $[__________]/month per the Montana Child Support Guidelines (§ 40-4-204; Admin. R. Mont. 37.62.101 et seq.).

7. PROPERTY, DEBTS & MAINTENANCE (Mont. Code Ann. §§ 40-4-202, 40-4-203)

☐ The Parties have agreed on the equitable apportionment of all property and debts (attach — Part 6).
☐ The Court is requested to equitably apportion property and debts under § 40-4-202.

8. NAME RESTORATION

☐ Restore [Petitioner / Respondent] former/maiden name: [________________________________].

9. RELIEF REQUESTED

Petitioner requests that the Court dissolve the marriage and ☐ approve the attached agreement and parenting plan ☐ order child support ☐ equitably apportion property and debts ☐ award maintenance as appropriate ☐ restore the former name above.

Verification (under penalty of perjury):
Petitioner: [________________________________] Date: [__/__/____]
☐ (Joint petition) Co-Petitioner: [________________________________] Date: [__/__/____]

PART 4 — SUMMONS, SERVICE & RESPONSE / JOINDER

☐ Single petition: A Summons issues; Respondent has 21 days after service to file a Response. (Mont. R. Civ. P.)
☐ Acknowledgment of Service / Joinder: In a single-petition case, use only the current court-approved acknowledgment or joinder procedure; do not assume agreement alone excuses service.
☐ Joint petition: Both spouses sign; no service step is needed.
☐ If Respondent does not respond, Petitioner may seek entry of default.

PART 5 — FINANCIAL DISCLOSURE

☐ Each spouse has fully disclosed all income, assets, retirement accounts, and debts.
☐ Preliminary financial disclosures are served within 60 days after service of the petition unless the court orders otherwise. Mont. Code Ann. § 40-4-126(7).
☐ Child Support Affidavit / Guidelines worksheet completed (cases with minor children) under Admin. R. Mont. 37.62.101 et seq.
☐ Financial statements exchanged supporting any maintenance request (§ 40-4-203).

PART 6 — MARITAL / PROPERTY SETTLEMENT AGREEMENT (incorporated)

MARITAL SETTLEMENT AGREEMENT

This Agreement is entered on [__/__/____] by [PETITIONER] and [RESPONDENT] ("the Parties").

Recitals

1. The Parties were married on [__/__/____] at [____________________] and separated on [__/__/____].
2. There ☐ are ☐ are no minor children of the marriage.
3. The Parties have exchanged full financial disclosure and intend to settle all issues.

Article 1 — Equitable Apportionment of Property (Mont. Code Ann. § 40-4-202)

To Petitioner: [____________________________________________________________]
To Respondent: [____________________________________________________________]

Article 2 — Real Property

☐ The Parties own no real property.
☐ The real property at [________________________________] shall be: ☐ awarded to Petitioner ☐ awarded to Respondent ☐ sold and net proceeds divided [____]% / [____]%.

Article 3 — Retirement Accounts / QDRO

☐ Each Party retains his/her own retirement accounts.
☐ The [____________________] account shall be divided [____]% / [____]% by Qualified Domestic Relations Order.

Article 4 — Debts

Petitioner assumes and holds Respondent harmless from: [________________________________]
Respondent assumes and holds Petitioner harmless from: [________________________________]

Article 5 — Maintenance (Mont. Code Ann. § 40-4-203)

☐ Both Parties waive maintenance.
☐ [Party ____] shall pay [Party ____] $[__________]/month for [____] months.

Article 6 — Parenting & Child Support (if applicable) (§§ 40-4-234, 40-4-204)

• Parenting plan: ☐ Shared ☐ Primary residence with [_________]
• Parenting/contact schedule: [____________________________________________________________]
• Child support: $[__________]/month under the Montana Child Support Guidelines; health insurance by ☐ Petitioner ☐ Respondent; unreimbursed medical shared [____]% / [____]%.

Article 7 — Mutual Releases

Each Party releases the other from all claims arising from the marriage except as set forth herein.

Petitioner: [________________________________] Date: [__/__/____]
Respondent: [________________________________] Date: [__/__/____]

PART 7 — FINAL DECREE OF DISSOLUTION (Proposed Order) (Mont. Code Ann. §§ 40-4-104, 40-4-107)

DECREE

The Court, finding the 90-day domicile requirement of § 40-4-104(1)(a) satisfied and that the marriage is irretrievably broken (§ 40-4-104(1)(b)), and having made provision for parenting, child support, maintenance, and property to the extent of its jurisdiction (§ 40-4-104(1)(c)), orders, adjudges, and decrees:

1. The marriage of [PETITIONER] and [RESPONDENT] is DISSOLVED, and the Parties are restored to the status of single persons.

2. Parenting / Child Support: The attached Final Parenting Plan is approved; child support is ordered per § 40-4-204 and the Guidelines: [________________________________]

3. Property & Debts: Apportioned as set forth in the agreement under § 40-4-202.

4. Maintenance: ☐ None ☐ As stated: [________________________________]

5. Name Restoration: ☐ Granted: [________________________________].

6. Other Orders: [________________________________]

Date: [__/__/____] District Court Judge: [________________________________]

PART 8 — STEP-BY-STEP FILING PROCEDURE

1. Confirm jurisdiction and venue — 90 days domicile/military presence for one spouse under § 40-4-104; county venue under § 25-2-118(3); and, if parenting orders are requested, UCCJEA jurisdiction under § 40-7-201.
2. Complete forms: Petition for Dissolution (with or without children packet) or Joint Petition; Final Parenting Plan and child support worksheet if children; Vital Statistics form.
3. File with the Clerk of the District Court in a county of proper venue; confirm the current fee or submit the current fee-waiver request.
4. Single petition: serve Respondent (21 days to respond) or obtain an Acknowledgment of Service / Joinder. Joint petition: both sign — no service step.
5. Establish grounds — 180 days separate-and-apart OR serious marital discord. (§ 40-4-104(1)(b))
6. Resolve all issues by written Marital Settlement Agreement and parenting plan (Part 6).
7. Submit for final decree — uncontested cases may be decided on the papers or after a brief hearing.
8. Court enters the Final Decree of Dissolution (Part 7).
9. Post-decree: record/retitle real estate; process QDROs; set up child support through Montana CSED; update beneficiaries; obtain certified copies.

PART 9 — MONTANA FORMS QUICK REFERENCE

SOURCES AND REFERENCES

• Mont. Code Ann. § 40-4-104 (Dissolution of marriage; legal separation) — https://archive.legmt.gov/bills/mca/title_0400/chapter_0040/part_0010/section_0040/0400-0040-0010-0040.html
• Mont. Code Ann. § 40-4-105 (Petition); § 40-4-107 (Irretrievable breakdown findings)
• Mont. Code Ann. § 40-4-202 (Property division); § 40-4-203 (Maintenance); § 40-4-204 (Child support)
• Mont. Code Ann. § 40-4-234 (Parenting plan); § 40-7-201 (initial child-custody jurisdiction); § 25-2-118(3) (venue); Admin. R. Mont. 37.62.101 et seq. (support guidelines)
• Montana Judicial Branch — Dissolution Forms — https://courts.mt.gov/forms/end_marriage

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. You must have this template reviewed and customized by a qualified attorney licensed in your jurisdiction before use. Do not use this template without professional legal review.