Monday, September 26, 2011

Montana Divorce Process

Are you wondering about how the divorce process works in Montana?  Here is some information for you.

First, a divorce is not a divorce in Montana.  It is referred to as a dissolution.  So when I refer to dissolution proceedings in my blogs, I am referring to divorce.

What happens in a dissolution? 
A dissolution ends your marriage.  This will allow you to legally marry someone else if you so choose.  The judge will divide the property and debts of the two sides and order any spousal support (aka alimony) and child support as necessary.  The wife may restore her maiden name if she so chooses.  If the parties have minor children, the parties will enter into what is called a "Parenting Plan" in Montana, to decide the living arrangements and support for their children.

How do I file for dissolution?
The divorce process is started by filing a petition for dissolution with the Clerk of District Court in your county.  This office is located at your local county courthouse.
For Flathead County, the Clerk of District Court is located at: 920 South Main St., Kalispell, MT.  They can be reached by phone at: (406) 758-5870.  Their hours are Monday - Friday, 8:00 a.m. to 5:00 p.m.
A person filing for divorce are required to have the petition and a summons officially delivered (a.k.a. served) to your spouse.  The petition will alert the court to what each of you are asking for in the dissolution.

Depending on the facts of your case and whether you have children, you may be required to file other forms.  All forms must be served upon your spouse.  Your family law lawyer can help you sort out your individual case needs, and what will need to be filed.
Here is a link to their website: Flathead County Clerk of District Court Contact Information

How much does it cost? A petition for dissolution in Flathead County costs $200.00.

You can view a list of the Flathead County Clerk of District Court's fees here:
Flathead County Filing Fees

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