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