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, when this action began, ☐ had Montana domicile ☐ was stationed in Montana as a member of the armed services. The selected domicile or military presence was maintained for at least 90 days before filing: [DATES AND FACTS].

3. MARRIAGE FACTS

• Date of marriage: [__/__/____]
• Place where marriage was registered: [____________________]
• 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, and there is no reasonable prospect of reconciliation. Supporting facts: [________________________________]

5. CHILDREN

☐ There are no living children of the marriage. The wife is ☐ not pregnant ☐ pregnant.
☐ The living children of the marriage are listed below, including any adult children:

☐ If children are involved, attach a proposed final parenting plan (Mont. Code Ann. § 40-4-234). Calculate any child support using the current Montana uniform guidelines under § 40-4-204(3)(a).

6. PARENTING & CHILD SUPPORT (if applicable)

• Parenting plan: ☐ Joint/shared ☐ Primary residence with [_________] (Mont. Code Ann. § 40-4-234)
• Parenting/contact schedule: [________________________________]
• Guideline child-support amount: $[__________]/month. Requested amount: $[__________]/month. If these differ, state the facts and requested reasons for a guideline deviation: [________________________________]. See § 40-4-204(3)(a)-(b).

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.
☐ Maintenance is requested. The requesting spouse's property and ability to be self-supporting, and the facts relevant to § 40-4-203, are [________________________________].

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.

Petitioner acknowledges that the automatic economic restraining order under § 40-4-126 applies to Petitioner upon filing this petition.

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

PART 4 — SUMMONS, SERVICE & RESPONSE / JOINDER

☐ Single petition: A Summons issues; Respondent may file a verified response within 21 days after service under § 40-4-105(3). The decree may not be entered until at least 21 days after service.
☐ Automatic economic restraining order: Under Mont. Code Ann. § 40-4-126(1), the clerk includes this order with the summons when the petition is filed. It binds Petitioner on filing and Respondent on service. Review its restrictions on marital property transfers, extraordinary expenditures, debt, and insurance, and its stated exceptions and court-modification process before taking those actions.
☐ 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.
☐ For a served petition, preliminary financial disclosures are served within 60 days after service. For a joint petition, follow the current joint-packet financial-disclosure instructions. Mont. Code Ann. § 40-4-126(7).
☐ Child Support Affidavit / Guidelines worksheet completed where child support is at issue, using the uniform guidelines required by § 40-4-204(3)(a).
☐ Financial statements exchanged supporting any maintenance request (§ 40-4-203).

PART 6 — MARITAL / PROPERTY SETTLEMENT AGREEMENT (Mont. Code Ann. § 40-4-201)

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 finds that [PETITIONER / RESPONDENT] maintained ☐ Montana domicile ☐ military stationing in Montana for the 90 days before filing, satisfying § 40-4-104(1)(a). Based on [STATE THE PROVED SEPARATION OR SERIOUS-DISCORD FACTS], the Court finds the marriage irretrievably broken under §§ 40-4-104(1)(b) and 40-4-107. Having made provision for parenting, child support, maintenance, and property to the extent of its jurisdiction under § 40-4-104(1)(c), the Court orders:

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: [________________________________]. If awarded, the findings required by § 40-4-203(1) and the factors considered under § 40-4-203(2) are: [________________________________].

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: Use the current petition packet, including MP-122 for a joint petition without children or MP-121 for one with minor children; add a proposed final parenting plan and guideline calculation where applicable, and the 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 — follow the current court packet's hearing request, consent, and without-hearing procedure as applicable; the court must make the irretrievable-breakdown finding under § 40-4-107.
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 CSSD; 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://mca.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. § 40-4-201 (Separation agreement); § 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); Mont. R. Civ. P. 12(a)(1)(A)
• Montana Judicial Branch — Dissolution Forms — https://courts.mt.gov/forms/end_marriage
• Montana Judicial Branch — joint dissolution without children and joint dissolution with children

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.