Tuesday, September 20, 2011

What is a default divorce in Montana?

When one spouse files for divorce, they file a Petition for Dissolution.

The other party, your spouse (also referred to as the Respondent) will be given 20 days to respond to your Petition once they are served with a copy of it.

If your spouse does not answer within 20 days, a default judgment will be awarded to you by the court.  Your lawyer will still have to schedule a hearing and appear in court with you to obtain your Final Decree of Dissolution.

As long as what you requested in your Petition is considered fair by the court, if a default judgment is entered, you will be granted everything you asked for in your Petition.  If children are involved, you must have filed a Parenting Plan, which the court must also determine is in the best interests of the minor children.

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