The Montana Legislature
has allowed that you may obtain a summary dissolution
of marriage if you meet ALL of
the following:
- One of the
parties has lived in Montana
90 days preceding the filing of the action;
- The
parties’ marriage
is irretrievably broken and both parties desire
that the court dissolve the marriage.
- The conciliation
provisions of Montana law do not apply;
- The wife
is not pregnant;
- There are
no children or the parties have executed
an agreed‑upon parenting
plan and the child support and medical support
have been determined by judicial or administrative
order for all children;
- Neither
party has any interest in real property.
- There are
no unpaid, unsecured debts in excess of $8,000
incurred by either or both of the parties after
the date of their marriage;
- The total
fair market value of assets, excluding secured
debts, is less than $25,000.
- The parties
have executed an agreement setting forth the division
of assets and the assumption of debts and
have executed any documents, title certificates,
bills of sale, or other evidence of transfer necessary
to effectuate the agreement have been signed.
- The parties waive any
right to maintenance.
- The parties irrevocably
waive their respective rights to appeal and their rights to move for
a new trial on the dissolution.
- The parties have
read and state that they understand the contents
of the summary dissolution brochure.
If you meet the foregoing requirements AND wish
to appear before the court for your own for a dissolution
of marriage, you can obtain further information from
the Clerk of the District Court located at 920 South
Main St., in Kalispell, Montana.
If you prefer the
security and confidence that follows legal advice
and counsel, you can consider Flat
Fee Dissolutions,
or seek legal counsel from an attorney of your choice.
REMEMBER, laws change. Decisions are
rendered that affect the interpretation of law. At flatheadlaw.com we
suggest that you seek legal advice and counsel whenever you
have a legal question or concern.
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