How do I file for divorce?

In Montana, you must meet eligibility requirements in order to file for divorce, which include having lived in the state for at least 90 days prior to filing the petition. The process of filing for divorce is usually done in a circuit court of the county in which one of the spouses lives. To begin the process, you must first complete a petition for dissolution of marriage packet. All forms must be filled out accurately and completely. The forms will include the grounds for the divorce, which must be declared on the petition. Examples of grounds are mutual consent, mental incapacity, adultery, and mutual cruelty. After the petition is completed, you must file it with the court. You must then serve the petition to your spouse. In Montana, you can do this by either certified mail or through a process server. In addition to the petition, you must also provide financial disclosure forms to your spouse. These forms should include information about your debts and assets. Once the petition is filed and your spouse has been served, you must wait 30 days before the court can grant the divorce. During this time, you can negotiate with your spouse to come to an agreement on division of assets, child custody, and other matters. If an agreement can be reached, it will need to be approved by the court. Otherwise, a mediator or the court will decide on the terms of the divorce.

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