What Do I Need to Know About Filing Divorce in Montana with Help Yourself Divorce?
Help Yourself Divorce is a no-fault divorce service, for those who agree on the terms of the divorce and are both willing to sign the papers. The following is a list of requirements and information about what to expect from the process. Please note that this will only apply if you use the services of Help Yourself Divorce. Those seeking to use another route for their divorce should perform their own research about what to expect from the process.
Montana Grounds for Divorce.
Because Help Yourself Divorce is a no-fault divorce service, we will prepare your divorce papers based on the “no-fault” grounds that the marriage is “irretrievably broken.” This means you and your spouse agree to file a no-fault divorce.
Montana Residency Requirements.
You can file for divorce as long as at least one spouse has resided, or been stationed as a member of the military, in Montana for at least 90 days.
If you and your spouse have minor children, the court must have jurisdiction over them. Generally this means your children must have lived in Montana for at least six months (or since birth, if less than six months old) and currently live in Montana.
Filing for Divorce in Montana.
Once you receive your completed papers from us, you will file them at the local district court in the county where either spouse lives.
Montana Divorce Filing Fees.
When you file the papers, you will have to pay a separate filing fee to the Courts. Please check with your local court clerk to find out how much the current filing fee is.
Serving Your Spouse with the Papers.
In the state of Montana, you will file a joint petition. This means both spouses sign the papers, and therefore you do not have to “serve” your spouse with any of the papers.
Waiting Period.
There is no waiting period in Montana before your divorce can be finalized. Your divorce will be granted at the earliest convenience of the court, after filing your papers.
Montana Final Uncontested Divorce Hearing.
Your divorce will be finalized during a brief uncontested divorce final hearing, but only one spouse is typically required to attend. Both spouses may attend if desired, but are not typically required to.
If you have any questions about whether our service is right for you, please don’t hesitate to contact us.
IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.