Our 3StepDivorceTM Online Divorce for Montana is offered with a peace-of-mind 100% guarantee.
We offer a 100% guarantee that the documents provided will be accepted by the Montana courts to finalize your divorce.
In the event that the documents provided are not accepted by the Montana court due to the fault of 3StepDivorceTM, you will be provided a 100% refund (with no handling fee).
Our support staff will always give each individual customer personal attention should they have difficulty. We have both e-mail and phone support 3StepDivorceTM. This being said, prior to issuing a refund, we reserve the right to meet any courts requests regarding changes to the documents.
Montana Residency Requirements
The district court shall enter a decree of dissolution of marriage if: the court finds that one of the parties, at the time the dissolution of marriage was filed, was a resident of this state, or was stationed in this state while a member of the armed services, and that the domicile or military presence has been maintained for 90 days preceding the filing of the action. The Dissolution of Marriage is typically filed with in county in which the filing spouse resides. (Montana Code - Section 25 - Titles: 2-118 and Section 40 - Titles: 4-104)
Montana Divorce Grounds:
(A) the court finds that the marriage is irretrievably broken, which findings must be supported by evidence: (B) the parties have lived separate and apart for a period of more than 180 days preceding the commencement of this proceeding; or (C) that there is serious marital discord that adversely affects the attitude of one or both of the parties towards the marriage. (Montana Code - Section 40 - Titles: 4-104)
Montana Property and Debt Division
If parties are unable to agree, the court shall consider the following when distributing the marital property upon dissolution of marriage: duration of the marriage and prior marriage of either party; the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties; custodial provisions; whether the apportionment is in lieu of or in addition to maintenance; and the opportunity of each for future acquisition of capital assets and income. The court shall also consider the contribution each spouse had to the acquisition of the marital property; (a) the nonmonetary contribution of a homemaker; (b) the extent to which such contributions have facilitated the maintenance of this property; and (c) whether or not the property division serves as an alternative to maintenance arrangements. (Montana Code - Section 40 - Titles: 4-202)
Montana Spousal Support, Maintenance, or Alimony:
The court will award support, without regard to marital misconduct, and after considering all relevant facts including: (1) the financial resources of the party seeking maintenance, including marital property apportioned to him, and his ability to meet his needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian; (2) the time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment; (3) the standard of living established during the marriage; (4) the duration of the marriage; (5) the age and the physical and emotional condition of the spouse seeking maintenance; and (6) the ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance. (Montana Code - Section 40 - Titles: 4-203)
Montana Custody and Visitation:
The court shall consider all relevant parenting factors with the best interest of the children in mind, which may include but are not limited to: (a) the wishes of the child's parent or parents; (b) the wishes of the child; (c) the interaction and interrelationship of the child with the child's parent or parents and siblings and with any other person who significantly affects the child's best interest; (d) the child's adjustment to home, school, and community; (e) the mental and physical health of all individuals involved; (f) physical abuse or threat of physical abuse by one parent against the other parent or the child; (g) chemical dependency, or chemical abuse on the part of either parent; (h) continuity and stability of care; (i) developmental needs of the child; (j) whether a parent has knowingly failed to pay birth-related costs that the parent is able to pay, which is considered to be not in the child's best interests; (k) whether a parent has knowingly failed to financially support a child that the parent is able to support, which is considered to be not in the child's best interests; (l) whether the child has frequent and continuing contact with both parents, which is considered to be in the child's best interests unless the court determines, after a hearing, that contact with a parent would be detrimental to the child's best interests. (m) adverse effects on the child resulting from continuous and vexatious parenting plan amendment actions. (Montana Code - Section 40 - Titles: 4-104, 4-108 and 4-212)
Montana Child Support:
The court shall determine the child support obligation by applying the support standards, guidelines and worksheets. The court will also consider the following without regard to marital fault or misconduct: (a) the financial resources of the child; (b) the financial resources of the parents; (c) the standard of living that the child would have enjoyed had the marriage not been dissolved; (d) the physical and emotional condition of the child and the child's educational and medical needs; (e) the age of the child; (f) the cost of day care for the child; (g) any parenting plan that is ordered or decided upon; and (h) the needs of any person, other than the child, whom either parent is legally obligated to support. If the court finds that a delinquency greater than the total of 6 months of support is owed and that the obligated person has the ability to post bond, give a mortgage, or provide security or other guaranty, the court may enter an order requiring the obligated person to post bond, give a mortgage, or provide security or guaranty for so long as there is a support delinquency. (Montana Code - Section 40 - Titles: 4-204, 5-209)
How Do I Know if I Should File in Montana?
One would typically file for divorce in the state in which he or she or his or her spouse resides. If you have recently moved to a new state and wish to file in that new state, you may have to establish residency prior to filing.
If you are in the military and are stationed on a base outside your residency state, you typically are able to file in that state or in your residency state.
If you are in the military and are stationed overseas, you would typically file in your home residency state.
Can I Use 3StepDivorceTM if I Have Children?
Yes. The system and your documents will address all the issues regarding your children such as, but not limited to; custody arrangements, visitation and time-sharing, child support, and medical coverage.
How Much Are the Montana Filing and/or Court Fees?
The filing and/or court fees are not included in our fee and typically range from $50.00 to $350.00 in total depending on your location of filing and whether or not you have children. The 3StepDivorce service will typically help you yield the lowest filing fee for you because both you and your spouse are in agreement.
How Long Will the Process Take in Montana?
The process takes an average of less than 1 hour to answer the required questions and generate the documents. Once you file your documents with the court according the filing procedures, the length of time will vary depending on the number of cases in front of yours. Each court has only one or just a few Judges, Masters, or Referees to review all the pending cases.
Should I File or Should My Spouse File?
As a rule of thumb, for uncontested divorces, the spouse who really wants the divorce to be finalized typically does the filing.
Where and How Do I File My Documents?
The documents are filed at your local county courthouse in the family law or domestic relations division or department. Inside your account you will receive step-by-step filing procedures.
Can I Mail or Fax My Documents to the Clerk?
Many courts do permit you to mail and/or fax the documents. This will vary from county to county and state to state, so it will be best to check with the clerk at the courthouse when you are ready to file.
Do I Have to Go to Court in Montana?
Depending on your state and your situation, you may or may not have to attend a short hearing. Most of the time when a hearing is required, it only lasts 10-15 minutes and only the filing spouse must attend. The hearing is where you will be granted your divorce and the judge will sign the final judgment or decree.
Do I Have to Also Hire a Lawyer?
3StepDivorce is designed for you to do your own uncontested divorce without hiring a lawyer. You will be acting as your own lawyer and filing for your own divorce. Should you need or desire legal advice or should your divorce become contested, we do suggest you hire the services of a lawyer.
Will My Name Also Be Changed?
The wife has the option to change her name back to her former or maiden name through the 3StepDivorce solution.
When is the Divorce Actually Finalized in Montana?
The divorce is typically finalized when the Judge signs the final judgment or decree. We give a window of 30-90 days from the filing date, but this will vary due to case load at the courthouse and any mandatory waiting periods.
Montana Forms: Our question and answer technology will allow you to easily complete your Montana divorce forms for an uncontested divorce. Our goal is to give you full control and make "doing your own divorce", fast, easy, and affordable.Montana Divorce Forms List
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A total of 95 people have started their divorce through 3StepDivorceTM in the last 24 hours and 919 in the last 10 days. The streamlined and user-friendly process, instant document delivery, and unlimited free support makes us the go-to solution to do your own divorce. Our simple and inexpensive process provides you with all your completed divorce papers in as little as 20 minutes. Instantly access your completed divorce forms after a short online interview. It is that easy, no lengthy completion or delivery times.
This easy to use online divorce is a "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of Montana. An uncontested divorce is one in which you and your spouse are in agreement and eliminates the stress and expense of settling your divorce in court.
With 3StepDivorce TM you can complete and print your Montana divorce forms (including a marital settlement agreement) instantly. Follow our step-by-step filing procedures to file for an uncontested divorce in Montana in a timely, professional, and hassle-free fashion. The online software is designed to give you full control of your divorce and also avoids the use of third party data entry, thus helping protect your personal information and privacy. If you're not ready to file for divorce, learn more about getting your Separation Agreement or learn more about the basics of divorce in Montana and how to do your own divorce in Montana . Also, If you have any questions try visiting our Montana Divorce Online Help Center .
Filing for divorce can seem overwhelming. Like starting almost any other legal proceeding, it takes finding the right forms, filling out the forms properly, and understanding the court’s requirements for the next steps you’ll need to take.
Traditionally, most people have hired a lawyer to take care of all the legal matters in their divorce. But more and more couples are turning to a much cheaper option that’s still easier than figuring out everything on their own: filing for divorce online.
If you want to know more, read on for answers to some of the most common questions about online divorce in Montana.
Montana 3StepDivorce™ takes care of the divorce paperwork for you. Once you sign up for the service, you’ll answer some questions about your situation. Based on your responses to the questionnaire, Montana 3StepDivorce™ will fill out the forms the state requires to start the divorce process, along with instructions for adding any further information that’s needed. You’ll be able to print out the forms yourself immediately or, if you prefer, get hard copies by mail.
Montana has two basic requirements to file for divorce in the state: a residency requirement, and a legally recognized reason for ending your marriage.
When you file for divorce in Montana, either you or your spouse must have had your permanent home in the state for the 90-day period before the filing date. You may also meet this residency requirement if one of you was in the military and stationed in Montana for that period of time. (Mont. Code § 40-4-104(1)(a) (2022).)
Montana is a pure “no-fault” divorce state, meaning that you won’t blame your spouse for the end of the marriage when you file your divorce papers. Instead, you’ll simply declare that your marriage is “irretrievably broken,” which basically means that you can’t get along and that there’s no reasonable chance of getting back together. When you and your spouse agree on this, the judge will accept that you’ve met the broken-marriage requirement. (Mont. Code §§ 40-4-104(1)(b), 40-4-107(1) (2022).)
Many Montana residents are finding that they can file for divorce and get through the process without the expense of hiring a lawyer if they’re filing for an “uncontested divorce” in the state. That means that they’ve agreed with each other about all of the legal issues in their divorce, including:
If you still have disagreements with your spouse about these or any other issues involved in ending your marriage, you’ll have to file for a traditional, contested divorce. Because that will involve legal battles and presenting evidence and arguments at court hearings, it would be risky to pursue a contested divorce without a lawyer to navigate the process for you—especially if your spouse has an attorney.
You may use Montana 3StepDivorce™ as long as you have an uncontested divorce and meet the state’s residency requirement. You’ll need to have a written marital settlement agreement, signed by both you and your spouse, that covers all of the issues in your divorce. Montana 3StepDivorce™ will guide you through the process of creating this agreement, based on your answers to the questionnaire.
Montana 3StepDivorce™ can also help if you aren’t ready to file for divorce, but you want a separation agreement with your spouse. For instance, you might want to work out arrangements for support, custody of your children, who has to move out of the family home, and how to take care of the bills while you’re separated but still legally married.
Just because you haven’t been able to agree with your spouse about everything in your divorce, that doesn’t necessarily mean that you have to go through an expensive and time-consuming contested divorce. You could try divorce mediation. If you’re able to resolve your disagreements with the mediator’s help, you can then use Montana 3StepDivorce™ to prepare the written settlement agreement, along with the other divorce paperwork.
Generally, you can use Montana 3StepDivorce™ even when you have minor children with your spouse, as long as you agree on all of the issues related to your kids, including legal and physical custody, a parenting (visitation) schedule, child support, health and dental insurance, and tax deductions. Montana 3StepDivorce™ will allow you to address these issues in your settlement agreement. We provide a standard parenting schedule, but you’ll have an option of customizing the schedule to meet your individual needs.
However, you won’t be able to address custody-related issues with Montana 3StepDivorce™ if the affected child or children don’t meet the “home state” requirement. Usually, that means the child must have lived in Montana with a parent (or a parent figure) during the entire six-month period before you file for divorce (or since birth if the child is younger than six months old). If you don’t meet the six-month rule, you should speak with an attorney to find out whether you might qualify for one of the complicated exceptions to this rule. (Mont. Code §§ 40-7-103(7), 40-7-201 (2022).)
In Montana, both parents have an obligation to support their children. And like all states, Montana has child support guidelines for calculating how much support the parents should pay, based largely on their incomes and custody arrangements.
3StepDivorce™ provides the Montana Child Support Guideline Worksheets, so you can easily calculate the state's guideline level of support. You and your spouse may agree to an amount of child support that differs from the guideline amount, but your agreement must explain why applying the guideline would be unjust and inappropriate under the circumstances. The judge will need to review and approve your agreement. (Mont. Code § 40-4-204 (2022).)
In your settlement agreement, you and your spouse may include child support provisions that aren’t legally required, such as a parent’s contributions to private school tuition or the cost of a child’s college education. You may also agree on some specific questions like which parent will claim the children as dependents on tax returns.
After your divorce in Montana is final, you (or your spouse) may request a change in the amount of child support, but you’ll need to show that there has been such a substantial and continuing change in your circumstances that the existing support amount would be “unconscionable.” (Mont. Code § 40-4-208 (2022).) The judge will conduct a hearing and review your request based on the same legal requirements for an original child support order.
If you want to save the time and expense of a court battle over a request to modify child support, you and your spouse may agree (in writing) to a modification.
You may ask for a review and adjustment of your current child support order by submitting a request to the Child Support Services Division of the Montana Department of Public Health and Human Services.
When you fill out your questionnaire for Montana 3StepDivorce™, you’ll answer a series of questions about your separate and marital property and debts, including how you’ll divide your marital property and allocate responsibility for payment of the marital debts.
If you own a home with your spouse, your agreement can spell out what will happen to it when you get divorced. Here again, the questionnaire will include a few questions about the property and how you’ve chosen to deal with it, such as:
In your Montana 3StepDivorce™, you may also agree on whether and how you’ll divide any retirement accounts that you and your spouse have, including 401(k)s, individual retirement accounts (IRAs), and defined-benefit pensions.
If you started contributing to the retirement plan before you were married, you’ll start by figuring out how much of its current value is marital property and how much is your separate property. There are experts and firms that will do this for you (for a fee, of course). The service is usually known as a pension appraisal or valuation. You’ll almost always need this kind of expert help when you’re dealing with a defined-benefit pension.
Once you know the marital value of your work-related retirement accounts, the easiest way to handle the division of the assets is not to split them but to transfer other assets as an offset. Here’s how that works: Say you have a 401(k) through your job, and the marital portion of the account is worth $100,000. If you and your spouse agree to divide that portion down the middle, and you have other marital assets to divide (such as a regular savings account), your spouse could receive an extra $50,000 from those assets while you keep the entire 401(k). That way, you don’t have to hire another expert to prepare the kind of special order that’s needed to tell the 401(k) administrator how to divide the account.
The rules are different for IRAs. You may simply agree to have your spouse’s share transferred to another IRA account in that spouse’s name. (You’ll have to submit a special form to the bank, along with a copy of your divorce decree.)
You and your spouse may waive any right to maintenance (alimony) in your Montana divorce, or you may agree on the specifics of maintenance payments: who will pay, how much, and for how long. Your agreement may also state whether a court could modify alimony at any time in the future, and it could cover related issues like health insurance and life insurance.
When you get your completed forms with Montana 3StepDivorce™, your next step will be to take the forms (signed by both you and your spouse) to the district court clerk’s office in the county where you or your spouse has lived for the past 90 days. (Mont. Code § 25-2-118(3) (2022).)
The court’s fee for filing the initial divorce papers in Montana was $200 as of 2022, but it’s subject to change. Check with the court clerk’s office to verify the current fee.
You may ask the court to waive the filing fee by filing a “Statement of Inability to Pay Court Costs and Fees.” You’ll have to provide detailed information about your income, debts, and expenses. The court will let you know if you qualify for a waiver.
Montana has a short waiting period—21 days from when you filed a joint dissolution petition—before you may request a final divorce hearing or file an affidavit to request your final dissolution decree without a hearing. After you’ve made that request, the amount of time it will take to get your final divorce will depend on how busy your local court is and the availability of judges to review your paperwork and sign your final decree.
Montana 3StepDivorce™ provides unlimited, live, person-to-person support for customers. If you have any questions about how uncontested divorce works, call our Montana Divorce Online Help Center at (888) 665-6782 (toll free), Monday through Friday from 8 am to 5 pm (Pacific Time).
Please keep in mind that we are not lawyers and so cannot give out legal advice. If you have questions about Montana law or need legal advice, we recommend that you contact an experienced family law attorney in your area.
3StepDivorce TM is a premium online divorce solution, a sister company of Divorce Source, the owner and operator of the Divorce Source Network, the web's largest and most visited online divorce resource since 1997.
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