What Is a No-Fault Divorce, When Did It Start and Why It Can Be Bad
Table of Contents
- Montana Divorce Records
- What Are the Residency Requirements for Divorce in Montana?
- What Are the Grounds for Divorce in Montana?
- How Much Does It Cost To File For Divorce in Montana?
- How Long Is the Waiting Period for Divorce in Montana?
- How To File for Divorce in Montana?
- Are Divorce Records Public in Montana?
- How To Get Certified Copies of a Divorce Decree in Montana?
- Divorce Settlement: Is Montana a 50/50 State?
- FAQs about the Divorce Process in Montana
Montana Divorce Records
In 2022, Montana recorded 2,251 divorce cases, resulting in a 2 per 1,000 residents divorce rate, down from 2.5 per 1,000 in the previous year. This places Montana's rate below the national average of 2.4 per 1,000 residents. Montana's divorce rate varies by ethnicity, with higher incidence rates among African American couples and the lowest rates among Asian couples.
Montana divorce records are created and maintained by the state's District Courts. There are four types of divorce records in Montana:
- Decree of Dissolution: this is a court order issued by the court that legally ends a marriage.
- Divorce Certificate: this is the document that confirms the finalization of a divorce.
- Marital Settlement Agreement: this document outlines the terms of the divorce.
- Divorce case information: this includes all the files and documents generated during the divorce proceedings.
Montana divorce records are public records. However, certain sensitive information concerning parties in the records may be exempt from public disclosure or restricted to specific persons.
What Are the Residency Requirements for Divorce in Montana?
Montana Family Law, Chapter 4, part 1 outlines the residency requirements for divorces in Montana. According to this law, only individuals who have lived in the state for at least 90 days can file for a divorce. Additionally, if the couple has children under the age of 18, the children must have lived in Montana for at least six months before a petition for dissolution of marriage can be filed.
What Are the Grounds for Divorce in Montana?
Grounds for divorce are the legal reasons a party must show to get a dissolution. Montana is strictly a no-fault state which means that petitioners do not have to show that one person is at fault for the breakdown of the marriage. It also means that both parties do not have to agree to get a dissolution or that there has been any wrongdoing in the marriage.
In addition to the irretrievable breakdown of the marriage, a marriage may be annulled in the state if the parties have lived separate and apart for a period of more than 180 days preceding the commencement of the divorce proceedings.
Although Montana is a no-fault state, petitioners can cite adultery and domestic violence as grounds for dissolution of marriage. Note that domestic violence may affect the court's decision on child custody and parenting plans.
How Much Does It Cost To File For Divorce in Montana?
Filing for a divorce in Montana typically costs around $200, excluding additional fees incurred in the divorce process. They include:
- Attorney fees
- Joint debts
- Mediation or counseling fees
- Alimony payments
- Expert witness feds
- Child support calculation
- Property division
The average cost of getting a divorce in Montana is $6,000. This is significantly lower than the national average of around $9,970 and lower than neighboring Idaho and South Dakota, where the average is about $8,000 and $8,500, respectively.
How Long Is the Waiting Period for Divorce in Montana?
Montana has a mandatory 21-day waiting period for final dissolution of marriage. The 21-day starts the day the defendant gets a copy of the court papers or both parties file the dissolution petition. The judge will not issue a final decree of divorce until the 21-day waiting period is over.
How To File for Divorce in Montana?
There are generally two types of divorce in Montana: uncontested and contested. An uncontested divorce is one in which both parties agree on all divorce-related matters, while a contested divorce is one in which the parties disagree on at least one issue related to the divorce.
In an uncontested divorce, both parties file a joint petition for dissolution in the county of residence district court. Additionally, the parties must file a copy of the marital settlement agreement, a proposed property distribution, disclosure of income and expenses, and a vital statistics form. A parenting plan must be filed with the court if they have children.
Since both parties agree on the issues related to the divorce, they may file an affidavit for entry of a decree for marriage dissolution without a hearing. A judge will review all the relevant documents, and if everything is in order, the judge will issue a divorce decree.
The process for filing a contested divorce is slightly different. In a contested divorce, you are required to file a petition for dissolution of marriage with the Clerk of the District Court in the county where you or your spouse live.
After you fill out the forms, make two copies of the proposed property distribution. You also need to send an automatic economic restraining order to the Clerk of the District Court. Next, serve the divorce papers to your spouse. There are four ways to do this:
- Service by sheriff
- Service through notice and acknowledgment
- A private process service
- Service by publication
After serving your spouse, they have 21 days to respond to the petition. If they disagree with any part of the proposed property distribution, they may file a response to the petition they received. If they agree, the petitioner can ask for a default. A default means that the petitioner gets what they asked for.
Once the time for a spouse to respond expires, the petitioner can request a hearing to finalize the dissolution. For more information, visit the Montana judicial branch's divorce page.
Are Divorce Records Public in Montana?
Yes, Montana divorce records are public records, meaning that anyone can request access to these records. However, access to records containing sensitive information may be restricted.
Sealed divorce records are also considered confidential. Access to these types of records is limited to authorized parties, including the couple named on the court record and individuals with a valid court order.
How To Get Certified Copies of a Divorce Decree in Montana?
In Montana, you may obtain a certified copy of a divorce decree by visiting the office of the Clerk of the District Court where the case was handled. To access the decree, however, you may be required to provide relevant information about the case, such as the name of the parties involved in the case and docket number.
Montana divorce decree typically costs $10. Processing times vary by court; you may contact the specific court for details.
Divorce Settlement: Is Montana a 50/50 State?
Montana is an equitable distribution state, meaning that marital property is split between spouses fairly and in an impartial manner. This approach is different from the 50/50 rule which recommends that every asset acquired by the couple during their marriage is split equally.
In Montana, the court decides what's fair based on certain factors including:
- The duration of the marriage
- The age of both parties
- Earning power of each party
- Monetary and non-monetary contributions to the marriage.
FAQs about the Divorce Process in Montana
Here are answers to frequently asked questions about the divorce process in Montana.
How Do I Modify a Divorce Decree in Montana?
Per M.C.A. 40-4-208, you may modify a judgment concerning child support, custody, and maintenance by taking the following steps:
- File a petition to modify the divorce decree with the appropriate District Court. Depending on the circumstances, you may need to file additional documents, such as the proposed parenting plan or child support agreement.
- Serve the defendant named on the complaint.
- Attend a scheduled hearing where the matter will be reviewed by a judge.
How Do I Enforce a Divorce Decree in Montana?
A divorce decree typically spells out the terms of a divorce and the responsibility of each party if children and marriage debts are involved. If your ex-spouse fails to comply with the terms of a divorce, such as support payments, alimony payments, and property division agreements, you may file a complaint for contempt against them in court.
The process involves filing the necessary paperwork at the District Court that initially handled the case. Your spouse will be served, and a court hearing date will be fixed if necessary. If the court finds your spouse in contempt, it may issue orders to enforce their compliance.
What Are the Restrictions to Divorce Decree in Montana?
Montana family law makes provisions for the modification of child-related and spousal support aspects of divorce decrees. Judgment concerning property division may also be modified upon written consent of the parties or if the court finds the existence of conditions that justify the reopening of the judgment under the laws of the state.
Can I Efile My Divorce in Montana?
No, Montana does not offer e-filing services for divorces. Interested persons may file for divorce in person or via mail with the Clerk of the District Court in the county they live in.
How Do You Serve Divorce Papers in Montana?
There are four ways to serve your spouse divorce papers in Montana, and they include:
- Service by the sheriff: this is appropriate if you are concerned about your safety or you want your case to move forward quickly
- Service through notice and acknowledgment: this method is best if you believe you and your spouse will cooperate or you are willing to allow your spouse extra time to respond to your petition
- A private process service: this option is suitable for individuals having trouble locating or serving their spouse by other means
- Service by publication: this is an option of last resort and is only suitable when all other methods to serve your spouse have failed
Does Montana Mandate Couples To Participate in Divorce Mediation or Counseling?
While there is no state law mandating mediation or counseling before allowing divorce to proceed in Montana, some District Courts in the state require parties to go to mediation before setting a hearing date. Note that agreements made in mediation will only be filed in court if both parties agree.
How Do I Seal My Divorce Records in Montana?
You may request to seal parts or all of your divorce records in Montana by filling an order to seal records with the District Court where the case was handled. Divorce records are usually kept private if they include sensitive information. This includes the names of minors or victims of domestic violence.
How Does Montana Calculate Alimony?
Montana does not have a formula for calculating alimony, so the court uses discretion in setting the amount and duration. Alimony is awarded by considering the following factors such as:
- The length of the marriage
- The age and health of the couple
- Each party's contribution to the marriage
- The income, employment, and employability of both parties
- Lost economic opportunities due to the marriage
Once awarded, the alimony may be modified or terminated under certain situations, including:
- Disability of the individual who is supposed to pay child support
- The child becomes independent
- The child graduates from high school
- Remarriage of the party receiving maintenance
How Do I Access Historic Divorce Records in Montana?
Individuals engaged in genealogical research or requiring verification of divorce for social security purposes may seek access to historical divorce records. The state of Montana has been maintaining divorce records since 1943. The Clerk of the District Court preserves records from 1943 in the respective county where the case was heard. Divorce records from 1943 to the present are accessible through both the District Courts and the Montana Office of Vital Records.
