How do I respond to a divorce petition?
In Montana, the process for responding to a divorce petition is outlined in the Montana Code Annotated. Generally, if you have been served with a divorce petition, you must file a response within 20 days of its service. The response should be filed at the Clerk of Court in the county where the divorce case was filed. You should also provide a copy of the response to the petitioner. In the response, you should indicate whether you agree or disagree with the requests for dissolution of marriage, child custody, spousal support, and/or division of assets made in the petition. If you agree, you should state that fact and provide any additional information that is relevant to the agreement. If you disagree with any of the requests, you should indicate what you want instead. You may also file a counterpetition with your response. The counterpetition contains the same information as the original petition, but in reverse. It should include requests for dissolution of marriage, child custody, spousal support, and/or division of assets that are contrary to the requests made by the petitioner. Finally, you should include a Certificate of Service with the response indicating that a copy of the response was served to the petitioner. This confirms that the petitioner was made aware of the response and its contents. It’s important to note that you should always contact an experienced attorney to ensure that you respond correctly to a divorce petition. A lawyer can provide advice and guidance on the legal process and your rights.
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