1. What are the benefits of an uncontested dissolution of marriage?
  2. Do I need to be divorced?
  3. Can I obtain a separation?
  4. Why do you represent only one party?
  5. What about the other party?
  6. Can we separate before our divorce?
  7. Are there any time requirements?
  8. Can I obtain a dissolution of marriage if spouse has left the area?
  9. What is the cost of a flat fee dissolution of marriage?
  10. Who pays the fees and costs?

 

  1. What are the benefits of an uncontested dissolution of marriage?
    If you have made the decision that you marriage is over, that reconciliation or resolution of your problems and difficulties is not possible, there is little point in prolonging your disagreements. In seeking an uncontested dissolution of marriage, you will reduce your contact with the legal process, limit your costs and expenses, and move forward secure in the knowledge that everything was done right.

  2. Do I need to be divorced?
    Obtaining a divorce brings and end to a marriage. A dissolution of marriage avoids further questions about property, debts and liabilities that may be shared between married couples. Believe it or not, there are occasions in which people are not certain whether they are married. As a general rule, if you are not sure, you probably are not married. But you should review your concerns with legal counsel.
    Married couples may also obtain a legal separation or a declaration of invalidity of marriage.

  3. Can I obtain a legal separation?
    You can obtain a legal separation at a flat fee. You should review the information on legal separations to help decide
    your best option.

  4. Why do you represent only one party?
    At the Law Office of Peter F. Carroll, flat fee dissolution of marriage only provides for the representation of one spouse or the other. Although the representation of both spouses may be possible under the rules, experience demonstrates that spouses are more comfortable in obtaining the assurance of separate legal counsel. Although, when the parties agree, the other spouse may not need legal representation.

  5. What if the other spouse wants legal representation?
    Any party to legal action if free to obtain the legal advice and counsel. In fact, it is recommended. However, the flat fee rates do not include the review of legal matters by separate counsel.

  6. Can we separate before our divorce?
    Generally, parties do separate and live separately prior to the court entering a decree of dissolution of marriage. However, living separately does not necessarily avoid liability for debt as incurred by the other spouse during the period of separation.

  7. Are there any time requirements?
    Yes. Montana law establishes two time requirements in obtaining a dissolution of marriage. First, a decree of dissolution of marriage may not be obtained until 20 days after the service of the Petition for Dissolution of Marriage on the other spouse. Second, before the court can sign a decree of dissolution of marriage it must be assured that one of the parties has been domiciled in Montana for at least 90 days.

  8. Can I obtain a dissolution of marriage if spouse has left the area?
    It is possible to obtain the dissolution of marriage if one spouse has left the area. However, the service of the petition for Dissolution of Marriage must occur. Further, the spouse remaining in Montana must have established residence at least ninety days.

  9. What is the cost of a flat fee dissolution of marriage?
    In an uncontested case, the cost of obtaining a dissolution of marriage may be as low as $1000.00, and can generally be obtained for less than under $1800.00. Court costs, the fees required by the Clerk of Court in a dissolution of marriage case include a $200.00 filing fee and a $45.00 judgment fee. An uncontested dissolution of marriage may be obtained at a significant savings from those cases which are contested. Legal fees and costs in contested cases can quickly exceed several thousand dollars.

  10. Who pays the fees and costs?
    Attorney’s fees and court costs in a flat fee dissolution case are generally the responsibility of the person whom the attorney represents. You should determine who is responsible for fees and costs before a case begins.
 
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