Montana Joint Divorce Petition Form
If two spouses going through a divorce case in the State of Montana want to process that case quickly, they have to complete and submit the Montana Joint Divorce Petition Form.
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Joint Petition for Dissolution with Children, Page 1 of 16
Approved by the Montana Supreme Court Commission on Self-Represented Litigants a nd Montana Legal Services Association, 04/01/04
_______________________________
Name
_____________________________________
Address
_____________________________________
City State Zip Code
_____________________________________
Phone Number
WIFE, PETITIONER PRO SE
_______________________________
Name
_____________________________________
Address
_____________________________________
City State Zip Code
_____________________________________
Phone Number
HUSBAND, PETITIONER PRO SE
MONTANA _______________ JUDICIAL DISTRICT COURT _____________________ COUNTY
In re the Marriage of:
________________________,
Petitioner,
and
________________________,
Petitioner.
Cause No.: _________________
Joint Petition for Dissolution
The Petitioners respectfully submit the following:
1. Information about Wife
a. Name: \
b. Age:
Date of Birth: \
c. Address: \
City:
State: County:
d. Length of Residence in County: \
e. Length of Residence in Montana, if applicable: \
f. Occupation: \
Joint Petition for Dissolution with Children, Page 2 of 16
Approved by the Montana Supreme Court Commission on Self-Represented Litigants a nd Montana Legal Services Association, 04/01/04
2. Information about Husband
a. Name: \
b. Age:
Date of Birth: \
c. Address: \
City:
State: County:
d. Length of Residence in County: \
e. Length of Residence in Montana, if applicable: \
f. Occupation: \
3. Date and Place of Marriage
Choose One:
[ ] We were married on ( date):
. The marriage was
registered in the County of
, State of .
[ ] We were married at common law. We assumed a marital relationship by mutual
consent and agreement and confirmed our marriage by cohabitation and public
repute.
4. Separation
Choose One:
[ ] We separated on ( date): \
.
[ ] We are not yet separated.
5. Jurisdiction a. The jurisdictional requirements of M.C.A. § 40-4-104 exist.
b. Choose One:
[ ] The marriage is irretrievably broken in that there is serious marital discord
which adversely affects the attitude of one of the parties towards the
marriage, and there is no reasonable prospect of reconciliation.
[ ] The marriage is irretrievably broken in that the parties have lived separate
and apart for a period of more than one hundred eighty (180) days preceding
the commencement of these proceedings, and there is no reasonable prospect
of reconciliation.
Joint Petition for Dissolution with Children, Page 3 of 16
Approved by the Montana Supreme Court Commission on Self-Represented Litigants a nd Montana Legal Services Association, 04/01/04
c. The conciliation provisions of the Montan a Conciliation law and M.C.A. § 40-4-107
do not apply.
6. Pregnancy
Choose One:
[ ] The wife is not pregnant.
[ ] The wife is pregnant. However, the husba nd is not the father, and the child is not at
issue in this proceeding.
7. The Child(ren) of the Marriage There is / are ____ child(ren) of the marriage as follows:
Name (first and last) _________________________________ Date of Birth: \
/ /
Address ________________________________________________________________\
Name (first and last) _________________________________ Date of Birth: \
/ /
Address ________________________________________________________________\
Name (first and last) _________________________________ Date of Birth: \
/ /
Address ________________________________________________________________\
Name (first and last) _________________________________ Date of Birth: \
/ /
Address ________________________________________________________________\
Name (first and last) _________________________________ Date of Birth: \
/ /
Address ________________________________________________________________\
If needed, attach additional sheets as Exhibit _____.
8. Jurisdiction over the Child(ren)
This Court has jurisdiction to make a parenti ng determination regarding the minor child(ren)
listed above. Choose One:
[ ] The child(ren) has/have lived in Mont ana for at least six consecutive months
immediately before the start of this proceedi ng. If a child is less than six months old,
the child has lived in Montana since his/her birth.
[ ] Montana was the home state of the child(ren) within six months of the start of this
proceeding, and one parent continues to reside in Montana.
[ ] The child(ren) and one parent have had significant connections to Montana, and
substantial evidence about them is available here.
Joint Petition for Dissolution with Children, Page 4 of 16
Approved by the Montana Supreme Court Commission on Self-Represented Litigants a nd Montana Legal Services Association, 04/01/04
[ ] The child(ren) is/are physically present in Montana, and the child(ren) ha\
s/have been
abandoned or an emergency exists requiring the child(ren)’s protection.
9. Required Information Regarding the Child(ren) This proceeding will affect the custody of th e minor child(ren) of the marriage. The
following information is required by M.C.A. § 40-7-110:
a. During the last five years, the child(re n) have lived at the following places with the
following persons. List each place the child(ren) ha ve lived, the dates the child(ren)
lived there, and all person(s) with whom the child(ren) lived:
Address
Dates
with Whom
List the names and present addresses, if k nown, of the persons listed above, other
than the Petitioners, with whom the child(ren) have lived in the last five years:
Names
Present Address(es)
Joint Petition for Dissolution with Children, Page 5 of 16
Approved by the Montana Supreme Court Commission on Self-Represented Litigants a nd Montana Legal Services Association, 04/01/04
If needed, attach additional sheet(s) as Exhibit ____.
b. Choose One: [ ] We have not participated as parties or witnesses or in any other capacity in
any other proceeding concerning the custody of or visitation with the
child(ren).
[ ] We have participated as [ ] par ties/ [ ] witnesses / [ ] other: ____________ in
another proceeding concerning the custody of the child(ren).
Court: \
Case No.:
Date of Child Custody Determination: ____________________________.
If needed, attach additional sheet(s) as Exhibit ____.
c. Choose One: [ ] We know of no other proceeding that could affect the current proceeding.
[ ] The following proceeding could affect the current proceeding: Nature of Proceeding: _________________________________________
Court: \
Case No.:
If needed, attach additional sheet(s) as Exhibit ____.
d. Choose One: [ ] We know of no other person (not a pa rty to this action) that has physical
custody of the child(ren), or who clai ms rights of legal custody, physical
custody or visitation with the child(ren).
[ ] The following person(s) have physical custody of the child(ren) or claim
rights of legal custody, physical custody or visitation with the child(\
ren):
___________________________________________________________
___________________________________________________________
10. Declarations of Disclosure of Assets, Debts, Income, and Expenses We agree to waive the exchange of Preliminary Declarations of Disclosure of Assets, Debts,
Income, and Expenses. In accordance with M.C.A. §§ 40-4-253 and 40-4-254, we have
exchanged Final Declarations of Disclosure of Assets, Debts, Income and Expenses.
11. Real Property Choose One:
Joint Petition for Dissolution with Children, Page 6 of 16
Approved by the Montana Supreme Court Commission on Self-Represented Litigants a nd Montana Legal Services Association, 04/01/04
[ ] We do not own any real property.
or
[ ] a. The [ ] Wife/[ ] Husband/[ ] both parties is/are the owner(s) of record of
real property located at \
\
.
The legal description of the property is \
\
\
\
.
b. This real property should be distributed as follows. Choose One: [ ] The [ ] Wife/[ ] Husband should be awarded ownership of this real
property.
or
[ ] Describe the proposed distribution of the real property :
\
\
\
.
If needed, attach additional sheets as Exhibit _____.
12. Vehicles Choose One:
[ ] We do not own any vehicles.
[ ] We own the following vehicle(s). It is equ itable that the vehicle(s) be distributed as
follows ( Please include the year, make, and model for each vehicle listed. ):
To Wife:
Vehicle: VIN#: \
Vehicle: VIN#: \
Vehicle: VIN#: \
To Husband:
Vehicle: VIN#: \
Vehicle: VIN#: \
Vehicle: VIN#: \
Joint Petition for Dissolution with Children, Page 7 of 16
Approved by the Montana Supreme Court Commission on Self-Represented Litigants a nd Montana Legal Services Association, 04/01/04
If needed, attach additional sheets as Exhibit _____.
13. Personal Property Choose One:
[ ] We have already divided our personal propert y. It is equitable that each party retain
the property currently in his or her possession.
or
[ ] We have not divided our personal propert y. It is equitable that the property be
divided as follows:
To Wife
:
________________________________________________________________________\
_________
________________________________________________________________________\
_________
________________________________________________________________________\
________________________________________________________________________\
______ To Husband
:
________________________________________________________________________\
_________
________________________________________________________________________\
_________
________________________________________________________________________\
_________
_____________________________________________________________________ If needed, attach additional sheets as Exhibit _____.
14. Debts Choose One:
[ ] There are no debts of the marriage.
[ ] The parties have accumulated debts during the course of their marriage. It is
equitable that each party retain responsibility for the debts currently in his or her
name.
or
[ ] We have accumulated debts during the course of our marriage. It is equitable that
responsibility for the debts be divided as follows:
To Wife:
Description of Debt
Creditor
Current Balance
Amount to Wife
Joint Petition for Dissolution with Children, Page 8 of 16
Approved by the Montana Supreme Court Commission on Self-Represented Litigants a nd Montana Legal Services Association, 04/01/04
Description of Debt
Creditor
Current Balance
Amount to Wife
Any and all other debts in Wife’s name only; a
ny and all other debts incurred solely by the Wife
since the parties’ separation.
To Husband:
Description of Debt
Creditor
Current Balance
Amount to Husband
Joint Petition for Dissolution with Children, Page 9 of 16
Approved by the Montana Supreme Court Commission on Self-Represented Litigants a nd Montana Legal Services Association, 04/01/04
Any and all other debts in the Husband’s name onl y; any and all other debts incurred solely by the
Husband since the parties’ separation. If needed, attach additional sheets as Exhibit _____.
15. Wife’s Former Name
Choose One:
[ ] The wife would like to be restored to her former name of
_________________________________________________________________.
[ ] The wife does not want to be restored to her former name.
16. Parenting Plan
It is in the best interest(s) of the minor child(ren) that the Court adopt the Petitioners’
Proposed Parenting Plan, filed separately from this Petition.
17. Child Support Order
Choose One:
[ ] Child support in the amount of $ ___________ per month per child has been
established by the Montana Child Support Enforcement Division or another
appropriate administrative agency or court. A copy of the Order is attached hereto as
Exhibit ____. ( Skip to Number 18. )
or
[ ] The [ ] Wife/ [ ] Husband needs financial assistance from the [ ] Wife/
[ ] Husband to support the minor child(ren) . The Petitioners request that the Court
enter the following proposed Child Support Order:
a. The [ ] Wife/ [ ] Husband shall pay $__________ per month per child. This
amount was determined in accordan ce with the Montana Child Support
Guidelines, worksheet attached hereto as Exhibit ___.
b. The first payment is due the _____ day of __________________, 20____. Payments should continue until such time as each child reaches the age of 18
years and has completed high school, or a ttained the age of 19 years, or is
emancipated by court order, whichever shall first occur.
c. On or before the first of every m onth, payments should be made to (Choose
One):
Joint Petition for Dissolution with Children, Page 10 of 16
Approved by the Montana Supreme Court Commission on Self-Represented Litigants a nd Montana Legal Services Association, 04/01/04
[ ] The Child Support Enforcement Division. Immediate income
withholding is appropriate. The [ ] Wife’s/[ ] Husband’s income is
subject to immediate income withholding under M.C.A. Title 40,
Chapter 5, Parts 3 and 4.
[ ] [ ] Wife/[ ] Husband. This child support order should be exempt from immediate income withholding because
\
.
or
[ ] Clerk of Court. This child support order should be exempt from
immediate income withholding because
\
.
d. The Petitioners request that the follo wing warning be included in the Final
Child Support Order:
WARNING: If a parent is delinquent in payments , that parent’s income may be subject to
income withholding procedures under MCA Title 40, Chapter 5, without need for any further
action by the Court. Support is delinquent when it is 8 days overdue.
e. Whenever the case is receiving serv ices under Title IV-D of the Social
Security Act, support payments must be paid through the Department of
Public Health and Human Services Child Support Enforcement Division as
provided in M.C.A. § 40-5-909.
f. This order is subject to review and modification by the Department of Public
Health and Human Services upon the reque st of the Department or a party
under M.C.A. §§ 40-5-271 through 40-5- 273, when the Department is
providing services for enforcement under Title IV-D of the Social Security
Act.
g. The obligations to provide financial child support, provide medical care for a
child, and provide or comply with parenting arrangements shall be
independent of each other, and the failure or inability to provide one or more
shall not reduce any other obligation.
h. Each party should promptly inform th e Court of any changes in the following
information:
Joint Petition for Dissolution with Children, Page 11 of 16
Approved by the Montana Supreme Court Commission on Self-Represented Litigants a nd Montana Legal Services Association, 04/01/04
(i) Name, social security number, mailing address, residential address,
telephone number, and driver’s license number; and
(ii) Names, addresses, and telephone numbers of current employers.
i. The Petitioners request that the followi ng warning be included in the Final
Child Support Order:
WARNING: In any subsequent child support en forcement action, on sufficient showing of
diligent efforts to locate the party, due process requirements for notice and service may be met
by delivering written notice by regular mail to the last address of the party or the party’s
employer reported to the Court.
18. Medical Support Order
Choose One:
[ ] A Medical Support Order has been es tablished by the Montana Child Support
Enforcement Division or another appropriate administrative agency or court. A copy
of the Order is attached hereto as Exhibit ____. ( Skip to Number 19.)
or
[ ] Medical support is needed to cover the medical and dental expenses of the minor
child(ren) of the parties. The Petitioners request that the Court adopt the following
Medical Support Order:
Existing Coverage
Choose All That Apply:
[ ] The child(ren) are presently covered under the following insurance pla\
n: Carrier Name: \
Policy No.: \
The [ ] Wife/[ ] Husband shall continue to provide medical coverage through
the plan as long as it is available at a reasonable cost, and as long as\
no other
plan or individual insurance is availabl e that will better serve the interests of
the parties.
[ ] The child(ren) is a/are recipient(s) of medical assistance under Title XIX of
the federal Social Security Act (Medicaid).
[ ] The child(ren) are not covered under an existing insurance plan.
Contingency Medical Support
Joint Petition for Dissolution with Children, Page 12 of 16
Approved by the Montana Supreme Court Commission on Self-Represented Litigants a nd Montana Legal Services Association, 04/01/04
If the minor child(ren) are either (i) covered by Medicaid, (ii) are not covered under
an existing insurance plan, or (iii) if the existing coverage becomes no longer
available, the following provisions shall apply:
a. The Wife shall provide medical cove rage through individual insurance or a
health benefit plan for the child(ren), as long as it is available at reasonable
cost, and as long as no othe r plan or individual insurance is available that will
better serve the interests of the parties.
b. The Husband shall provide medical c overage through individual insurance or
a health benefit plan for the child(ren), as long as it is available at reasonable
cost, and as long as no othe r plan or individual insurance is available that will
better serve the interests of the parties.
c. If health benefit plans are available to both parties at a combined cost that is reasonable or cost-beneficial and with benefits that are complementary or
compatible as primary and secondary coverage, both parties shall provide
coverage for the child(ren).
d. Coverage is presumed to be availabl e at reasonable cost if the cost of
premiums does not exceed 25 percent of the obligated party's total child
support obligation when calculated under the child support guidelines
without credit for the medical support obligation.
e. If circumstances change and a party believes that corresponding changes in cost are not reasonable or cost-benefic ial, the party may move to petition any
appropriate tribunal for relief.
Duties of the Parties
a. The Wife shall be responsible for ____% and the Husband shall be
responsible for _____% of all medical expenses of the minor child(ren),
including the costs of the premium for coverage, all co-payments and
deductibles required for coverage, and any uncovered medical expenses.
b. Each party shall promptly execute a nd deliver to the insurance provider all
forms necessary to ensure the child(ren)'s continuous participation in
insurance coverage. Each party shall timely submit claims for processing,
verification, and payment. Each party shall provide the other party with
identification cards or other methods for access to coverage.
Joint Petition for Dissolution with Children, Page 13 of 16
Approved by the Montana Supreme Court Commission on Self-Represented Litigants a nd Montana Legal Services Association, 04/01/04
c. If a party receives a reimbursement but did not pay the underlying bill, that
party shall promptly pay over the proceeds to the proper party.
d. If the party responsible for providi ng medical insurance coverage for the
child(ren) allows such coverage to lapse without securing a comparable
replacement, that party shall be liable for all the child(ren)'s medical
expenses and shall indemnify the othe r party, the Department of Public
Health and Human Services, or any th ird-party custodian for the cost of
obtaining medical coverage and medical expenses.
e. Any liability for unpaid medical costs and expenses may be entered as a judgment for unpaid support against the obligated party. A party may apply
to the Court for expedited enforcement procedures.
f. If an obligated party fails to pay a required premium, the other parent, the
Department of Public Health and Hu man Services, or the custodian may
advance the cost of premiums and keep benefits continually in force for the
child. The advance should be entered as a judgment for unpaid child support
in favor of the advancing party and against the obligated parent.
g. The obligation to provide medical c overage for the child(ren) ceases only
when the child support obligation ceases.
h. The costs of providing individual insurance or a health benefit plan may not be used as a direct offset to the child support obligation. However, as
provided by the child support guidelines, the costs may be considered in
making or modifying a child support order.
i. Each party shall promptly inform th e Court of any changes in the following
information:
(i) If the child(ren) is/are covered by a health or medical insurance plan,
the name of the plan, the polic y identification number, and the
name(s) of the person(s) covered;
(ii) If the child(ren) is/are not cove red by a health or medical insurance
plan, whether health insurance covera ge for the child(ren) is available
through the party’s employer or other group, and if so, whether the
employer or other group pays any portion of the coverage premium.
Joint Petition for Dissolution with Children, Page 14 of 16
Approved by the Montana Supreme Court Commission on Self-Represented Litigants a nd Montana Legal Services Association, 04/01/04
j. A civil penalty not to exceed $25 per day may be imposed for an intentional
violation of this medical support orde r or the provisions of M.C.A Title 40,
Chapter 5, Part 8 or the regulations promulgated under that Part.
k. The Petitioner requests that the following warning be placed in the Final Child and Medical Support Orders:
WARNING : The obligations to provide medical care, provide financial child support, and
provide or comply with visitation and custody a rrangements are independent of each other, and
the failure or inability to provide one or more does not reduce any other obligation.
19. Notice to the Department of Public Health and Human Services
Choose One:
[ ] The Department of Public Health and Hu man Services is not providing services to
the parties or minor child(ren) of the partie s under the provisions of Title IV-D of the
Social Security Act.
[ ] The Department of Public Health and Hu man Services is providing services to the
parties or minor child(ren) of the parties under the provisions of Title IV-D of the
Social Security Act. The Petitioners will notify the Montana Child Support
Enforcement Division and the Office of the Attorney General of this proceeding.
[ ] Not applicable. The Petitioners are not seeking to establish, enforce, or modify the parties’ previously established child support order.
20. Other Provisions \
\
\
\
.
WHEREFORE, the Petitioners request as follows:
1. That this Court enter a Decree of Dissoluti on of Marriage dissolving the marital status
between the parties;
2 That each party be granted real and personal property as requested above\
;
3. That each party be granted ownership of the vehicles as requested above;\
4. That each party be ordered to pay debts as requested above;
5. That the wife be restored to use of her former name, if requested above;
Joint Petition for Dissolution with Children, Page 15 of 16
Approved by the Montana Supreme Court Commission on Self-Represented Litigants a nd Montana Legal Services Association, 04/01/04
6. That this Court adopt the Petitioners’ Proposed Parenting Plan, filed\
separately from this
Petition;
7. That a Child Support Order be established, if requested above;
8. That a Medical Support Order be established, if requested above;
9. Other Provi sions: ________________________ __________________________________
\
; and
10. For such other and further relief as the Court deems just and proper.
DATED this _______ day of ____________________, 20___. \
Wife, Petitioner Pro Se
\
Husband, Petitioner Pro Se
Joint Petition for Dissolution with Children, Page 16 of 16
Approved by the Montana Supreme Court Commission on Self-Represented Litigants a nd Montana Legal Services Association, 04/01/04
STATE OF MONTANA )
) ss.
COUNTY OF _________________ )
_______________________________, being first duly sworn on oath, says that she
is a Petitioner in the above-entitled proceeding; that she has read the foregoing Petition and knows
the contents thereof; and that the matter, facts and things stated therein are true to the best of her
knowledge and belief. _____________________________________
Wife, Petitioner Pro Se
_____________________________________
Print Name
SUBSCRIBED AND SWORN to before me this _____ day of ________________, 20____.
____________________________________
Name (printed) : _______________________
(Seal) Notary Public for the State of Montana. Residing at ___________________________
My Commission Expires_________________
STATE OF MONTANA ) ): ss
COUNTY OF _________________ )
_______________________________, being first duly sworn on oath, says that he is
a Petitioner in the above-entitled proceeding; that he has read the foregoing Petition and knows the
contents thereof; and that the matter, facts and th ings stated therein are true to the best of his
knowledge and belief. _____________________________________
Husband, Petitioner Pro Se
_____________________________________
Print Name
SUBSCRIBED AND SWORN to before me this _____ day of ________________, 20____.
_____________________________________
Name (printed) : _______________________
(Seal) Notary Public for the State of Montana. Residing at ___________________________
My Commission Expires_________________
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