Montana Dissolution of Marriage Definitions

This collection of definitions will help clarify some unique characteristics to the Montana Dissolution of Marriage laws, process and paperwork which is filed with the court.

Filing Party Title:

The spouse who will initiate the Dissolution of Marriage by filing the required paperwork with the court.

Non-Filing Party Title:

The spouse who does not initiate the Dissolution of Marriage with the court.

Court Name:
District Court for the State of Montana and for the County of ___________

The proper name of the court in which a Dissolution of Marriage is filed in the state of Montana. Each jurisdictional court typically has a domestic relations or a family law department or division.

Child Support Enforcement Website:

The state run office devoted to enforcing existing child support orders and collecting any past due child support.

Document Introduction:
In Re the Marriage of:

The lead-in verbiage used in the legal caption or header of the documents filed with the court. The introduction typically prefaces both spouse’s names.

Initial Dissolution of Marriage Document:
Petition for Dissolution of Marriage

The title and name of the legal document that will initiate the Montana Dissolution of Marriage process. The filing spouse is also required to provide the non-filing spouse a copy of this document.

Final Dissolution of Marriage Document:
Findings of Fact, Conclusions of Law, and Final Decree of Dissolution

The title and name of the legal document that will finalize the Montana Dissolution of Marriage process. This document will be signed by the judge, master, or referee of the court to declare your marriage officially terminated.

Clerk’s Office Name:
District Clerk’s Office

The office of the clerk that will facilitate the Dissolution of Marriage process. This is the title you would address letters to or ask for when contacting the courthouse.

Legal Separation:

Irretrievable breakdown of the marriage is the only grounds for legal separation in Montana. One of the spouses must be a resident of Montana for 90 days immediately prior to filing for legal separation. [Montana Code Annotated; Section 40, Title 4-104].

Property Distribution:
Equitable Distribution

The applicable Montana law that will dictate how property and debt is to be divided upon Dissolution of Marriage.