Legal Question in Family Law in Montana
no fault divorce and 180 day seperation
My husband and I have been married almost two years. We both agree it was a mistake from the beginning. We have completely different values, plans for the future, etc, etc, etc. We have irreconcilable differences. We don't have any property or assets or children. We agree that we want a divorce. We don't have any money. What do we do now? Do we have to live seperate for 6 months to qualify? I am moving out of state in four months. Can't we just show up at the courthouse and get this thing taken care of and get on with our lives?
1 Answer from Attorneys
Re: no fault divorce and 180 day seperation
Your case sounds like the perfect candidate for what's called a summary dissolution. Go to your district court, ask the clerk of the court for a "summary dissolution packet." You and your spouse will fill it out as joint petitioners, sign it, and file it. I don't recall if the packet contains a form for requesting a hearing date, but you need to do that in writing to get a hearing on your judge's Law and Motion Day for uncontested matters. Show up at the hearing, give the judge your proposed decree of dissolution, answer a couple of questions, and the judge will sign the decree. Take it to the clerk for entry, pay the fee for entry of decree. Each of you takes a copy. You are responsible for photocopying, by the way, and each of you should keep a copy of everything you file and receive from the court.
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