About this Form:  This is a no-fault divorce form for use within the State of Montana (PETITION FOR DISSOLUTION OF MARRIAGE). Most courts will require that this form be completed and filed along with a Marital Settlement Agreement. Please note that in Paragraph 5 (Grounds for Divorce), the Petitioner will need to specify grounds for divorce that are recognized as valid within the State of Montana. Montana law recognizes only the following grounds as sufficient for granting a no-fault divorce: Irretrievable breakdown of the marriage shown by: (1) serious marital discord that adversely affects the attitude of both spouses toward the marriage, and no reasonable prospect exists of reconciliation; or (2) living separate and apart for 180 days prior to filing.

PETITION FOR DISSOLUTION OF MARRIAGE

DISTRICT COURT FOR THE STATE OF MONTANA AND FOR THE COUNTY OF ______________

In re: the Marriage of

_______________________________
Petitioner

and

_______________________________
Respondent
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_______________________________
Docket No.

The Petitioner, _______________________________, respectfully declares the following:
 
1. Petitioner's  Residence:  Petitioner  resides at ____________________________________________________________________ [insert Petitioner's address] and has been a resident of the State of Montana for _________ [insert period of residence in months and years].

2. Respondent's  Residence:  Respondent resides at ____________________________________________________________________ [insert Respondent's address] and has been a resident of the State of Montana for _________ [insert period of residence in months and years].

3. Marriage:  On ______________________, _____, in  __________________ (city), __________________ (county), __________________ (state), the Petitioner and Respondent married. An official copy of the marriage license is attached to this PETITION FOR DISSOLUTION OF MARRIAGE.

4. Jurisdiction:  This Court is that of proper jurisdiction to hear this cause. The Respondent has agreed to file an Affidavit of Consent in this cause.  Neither the Petitioner or Respondent has been involved in any litigation or other proceeding involving the other party in this or any other jurisdiction with respect to their marriage or any other domestic matter.

5. Grounds for No-Fault:  Petitioner wishes a dissolution of marriage with Respondent based on the following grounds:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
[Note: This paragraph must describe sufficient legal basis for divorce as recognized by the laws of the State of Montana. Sufficient basis for a no-fault divorce within Montana is limited to the following: Irretrievable breakdown of the marriage shown by: (1) serious marital discord that adversely affects the attitude of both spouses toward the marriage, and no reasonable prospect exists of reconciliation; or (2) living separate and apart for 180 days prior to filing.

6. Marital Settlement Agreement:  Petitioner and Respondent ___________ have (copy attached) ___________ have not entered into a Marital Settlement Agreement.

7. Other Declarations:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________

NOW, THEREFORE, Petitioner requests that the court order a DECREE OF DISSOLUTION OF MARRIAGE and such further relief as Petitioner may have requested herein.
 

Verification

I, ______________________________________________[name of Petitioner], affirm under penalty of perjury that I am the Petitioner in the foregoing PETITION FOR DISSOLUTION OF MARRIAGE and that all statements in this Petition are accurate to the best of my knowledge. I have filed this Complaint in good faith and have not colluded with anyone in relation to it.
 

______________________________________________________________
Petitioner's SignatureDate


_____________________________________________
Petitioner's Address, Line 1

_____________________________________________

Petitioner's Address, Line 2


Subscribed and sworn to before me on this ____ day of __________________, 20_____.
 
 
__________________________________
Notary

 



AFFIDAVIT OF CONSENT

DISTRICT COURT FOR THE STATE OF MONTANA AND FOR THE COUNTY OF ______________

In re: the Marriage of

_______________________________
Petitioner

and

_______________________________
Respondent
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_______________________________
Docket No.

1. A PETITION FOR DISSOLUTION OF MARRIAGE was filed between Petitioner and Respondent on the _________ day of __________________, 20____.

2. The marriage between Petitioner and Respondent is irretrievably broken and efforts at reconciliation have failed.

3. I, _______________________________, have received a copy of the PETITION FOR DISSOLUTION OF MARRIAGE, and I have read it thoroughly and understand it. I do not wish to contest this proceeding. I do not object to the declarations made in the PETITION FOR DISSOLUTION OF MARRIAGE. I do hereby consent to the relief requested in therein and to the entry of a DECREE OF DISSOLUTION OF MARRIAGE dissolving and forever terminating the marriage between Petitioner and Respondent. I consent that the court may hear this cause on any day convenient to the court without further notice to me. I further consent that the court may enter any order granting any and all the relief sought in the PETITION FOR DISSOLUTION OF MARRIAGE.

4. I waive any and all rights I may have to a motion for a new trial, a record testimony, findings of fact and conclusions of law, notice of trial, a notice of entry of a DECREE OF DISSOLUTION OF MARRIAGE and my right to appeal. I do not waive any future rights I may have to the modification of any judgment or decree in relation to this cause.

5. I affirm under penalty of perjury that all statements in this Affidavit of Consent are accurate to the best of my knowledge. I have filed this Affidavit of Consent in good faith and have not colluded with anyone in relation to it, nor have I been subject to any force or duress in signing it.

 

______________________________________________________________
SignatureDate


_____________________________________________
Address, Line 1

_____________________________________________

Address, Line 2


STATE OF MONTANA
COUNTY OF ________________

Subscribed and sworn to before me on this ____ day of __________________, 20_____.
 
 
__________________________________
Notary





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