Divorce Residency Essentials to Get Divorce in Montana
To file for divorce in the State of Montana, at least one of the spouses must have been a resident of the state for at least 90 days prior to the filing date.
Reasons for Divorce in Montana
The State of Montana recognizes two no-fault grounds for divorce. One of these is “serious marital discord with irreconcilable differences.” The other no-fault ground for divorce is living separate and apart for 180 days prior to filing for dissolution of the marriage. Either of the two grounds for divorce can be utilized in a divorce without an attorney, as long as it is considered to be an uncontested divorce. The state considers any other reason that a couple may have to pursue a divorce to fall under these grounds.
Custody of the Children in Montana
When filing your divorce papers in Montana, a parenting plan must be filled out and filed with the court by both divorcing parents. This parenting plan outlines the terms and shows each parents’ rights and responsibilities regarding their children. If the parents cannot decide how to resolve any child-related issues, the court will step in and make a determination.
Montana Child Support Guidelines
Standard state child support guidelines apply in virtually every DIY divorce case in Montana. Child support is calculated by taking into account both parents’ gross income and child related expenses. Child-support continues until the child reaches age 18 or completes high school. Child-support can be extended by an agreement of both parties or under court order when certain circumstances apply.
Divorce in the state of Montana is filed in the county where the petitioner has lived for at least 90 days preceding the action.
When there are children involved in a case, the parents might be required to participate in court-ordered mediation to resolve disputes that arise in creating a parenting plan. At any time before or after the divorce papers have been filed, the parties may decide to submit any or all disputed issues to mediation to allow the divorce to be filed as an uncontested divorce.
All filing fees charged by the Montana state courts are in addition to the cost to utilize the OnlineDivorceSolutions.com service. You can find more information about these charges from your local courthouse.