MONTANA DIVORCE PAPERS WITH EXPLANATIONS

The documents listed below are the primary documents for a Montana uncontested divorce. You will notice that some of the documents apply with children. If you do not have minor children, these documents are typically not required.

Understanding the Montana Divorce Papers:

• Joint Petition for Dissolution of Marriage: A Joint Petition for Dissolution starts the dissolution. It will provide the court with information regarding the parties and the marriage. It will also formally ask the court for the divorce as well as any relief sought.
• Proposed Parenting Plan: If there are children involved, both spouses may file proposed or final Parenting Plans, which stipulates the terms and conditions of custody and visitation arrangement.
• Marital Settlement Agreement: This allows the parties to put things in writing to be approved by the court. The agreement entered into between a husband and a wife will establish the terms and conditions of their divorce and resolving such matters as property division, debts, child custody, child support, visitation, debt, alimony, insurance, tax, and settlement of any property issues when they end their marriage to each other. Signed by both parties, the MSA is approved by a judge and is often referenced in the orders set forth in the Final Decree.
• Schedule for Visitation/Parenting Time of Minor Children: This schedule shows the visitation and parenting time routine for the noncustodial parent. It is often integrated or referenced in the MSA or the Parenting Plan. It will outline weekly schedules as well as who will have the child(ren) on which holiday or special events.
• Child Support Guidelines: These are the state guidelines for computing child support based on the incomes of the parents.
• Final Declaration of Disclosure of Assets, Debts, Income and Expenses (Wife): The wife completes this eight-page form and the exchanges it with her husband. This form helps the spouses come to an agreement. Each spouse sees the financial status of the other, which is required by the court.
• Final Declaration of Disclosure of Assets, Debts, Income and Expenses (husband): The husband completes this eight-page form and the exchanges it with his wife. This form helps the spouses come to an agreement. Each spouse sees the financial status of the other, which is required by the court.
• Support Procedures: This spells out the various routines for paying support as well as the Montana State Child Support Guidelines.
• Child Support Schedule: The schedule spells out the appropriate level of support based on the number of children and the income of payor. It is used a reference when completing the Child Support Worksheet to determine the monthly child support obligation.
• Child Support Worksheets: The worksheet is used to calculate the appropriate child support.
• Notice of Filing Child Support Guidelines Financial Affidavit (Wife): The wife completes this notice of Filing Child Support Guidelines Financial Affidavit and gives it to the husband.
• Notice of Filing Child Support Guidelines Financial Affidavit (Husband): The husband completes this notice of Filing Child Support Guidelines Financial Affidavit and gives it to the wife.
• Child Support Guidelines Financial Affidavit (Wife): This five-page notarized form, completed by the wife, spells out the finances of the wife. It is used in calculating child support.
• Child Support Guidelines Financial Affidavit (Husband): This five-page notarized form, completed by the husband, spells out the finances of the husband. It is used in calculating child support
• Notice and Acknowledgement to Child Support Enforcement Division: This form provides notice to CSED and the Attorney General's Office of the action to end a marriage, and is used by those parties with children born of the marriage.
• Request for Hearing and Order: The Request and Order, filed by the Petitioner, asks the court to schedule and order a dissolution hearing.
• Consent of Entry of Decree: In joint filings, both parties sign the Consent to Entry of Decree, certifying that each agrees to the action and its terms and conditions.
• Findings of Fact, Conclusions of Law, and Final Decree of Dissolution: The Finding state the facts of the case as set forth in the petition and include the final decree, which is a court order ending the marriage.
• Final Parenting Plan: This is the final parenting plan approved by the court and deals with custody and visitation.
• Notice of Entry of Final Decree: This form informs the parties that the court entered a "true and correct conformed copy of the Final Decree of Dissolution".