Summary Dissolution of Marriage: Frequently Asked Questions
by: Montana Legal Services Association (MLSA)
What is a Summary Dissolution of Marriage?
Summary Dissolution is a special, simplified procedure for ending a marriage. It is only available to people who meet specific legal requirements.
Who can't use the Summary Dissolution process?
You can't use the Summary Dissolution process if:
- You have children with your spouse but have not received a child and medical support order yet. These orders are required before you can use the summary dissolution process. (You can receive a child and medical support order whether or not you are divorced. Contact the DPHHS Child Support Enforcement Division for more information: (800) 346-5437);
- You or your spouse own a house or any land;
- You or your spouse is pregnant with a child of the marriage.
Who can use the Summary Dissolution process?
You can use Summary Dissolution only if all of the next 12 statements are true for you on the date you file the Joint Petition for Summary Dissolution.
If one of the statements is not true, you cannot use Summary Dissolution to obtain a divorce.
Checklist:
- You and your spouse have lived in Montana for at least 90 days before the court ends the marriage.
- You both agree that the marriage relationship has reached the point that there is no reasonable chance for reconciliation.
- There are no children from your relationship born before or during the marriage or adopted during the marriage, and the wife is not pregnant with a child of the marriage.
OR
If you and your spouse do have children together, you have agreed upon a written parenting plan, and you have obtained a child support and medical support order from a court or another appropriate agency. Also, the wife cannot be pregnant with a child of the marriage.
- Neither of you owns or leases any real property, such as land or buildings. However, if you or your spouse leases an apartment or house to live in, you may use Summary Dissolution as long as the lease does not have an option to buy the residence. The lease must also end within one year from the date your Summary Dissolution petition is filed.
- You and your spouse do not have more than $8,000 in unpaid, unsecured bills or obligations from your marriage. A debt is unsecured when the debtor's (your) promise to pay the debt is not secured by specific property. For example, a credit card is usually an unsecured debt because you do not have to give the credit card company the financed property if you do not pay your debt.
- You and your spouse, together, do not own property or assets (not including secured debts) worth more than $25,000. A debt is secured when the debtor's (your) promise to pay the debt is backed by specific property if the debtor (you) does not pay the debt. For example, when you borrow money from the bank to purchase a car, your car can be taken by the bank to pay the debt if you miss a payment. This means that your car loan would be a secured debt. A mortgage on a trailer is another example of a secured debt.
- Both of you have signed an agreement regarding the division of your marital property. The contract also says that you have decided who will pay all bills and debts from your marriage.
- You and your spouse must give up your right to any personal financial support from the other (maintenance or alimony).
- You and your spouse must permanently give up your right to appeal the terms of the divorce. You also must give up your right to move for a new trial once the marriage is ended by the court.
- You and your spouse do not want the Conciliation Court to help repair your marriage. Conciliation Court is only available in some counties. If your county does not have a Conciliation Court, this requirement would not apply.
- You and your spouse have read and state that you both understand the contents of the Summary Dissolution Booklet, published by the Montana Attorney General's Office.
- You and your spouse must indicate to the court that you both want the court to end the marriage.
How soon can the marriage be dissolved?
The marriage can be dissolved at your Summary Dissolution hearing. The District Court Judge will hold a hearing sometime after 20 days from the date your Joint Petition for Summary Dissolution is filed. If the judge agrees that you meet all the requirements for Summary Dissolution, the judge will end your marriage.
What are the court costs for a Summary Dissolution proceeding?
The usual court costs are $185 for filing a petition for dissolution and a $45 fee for the final judgement. Other usual charges include a stenographer fee and a document certification fee. The District Judge can excuse you from paying these fees if your income is low. The Clerk of the District Court can give you the forms you need to be excused from paying court costs.
Where can I get more information?
You can find a summary dissolution packet of information and forms at the Clerk of Court's office in your county courthouse.
The Montana Legal Services Association (MLSA) provides free legal assistance to low-income persons. Call the MLSA HelpLine for legal assistance: (800) 666-6899.
Finally, the State Bar of Montana's Lawyer Referral Service can give you the name of a local attorney who will provide a consultation at a reduced fee: (406) 449-6577.
Revised 7/02
Call the MLSA HelpLine for legal assistance:
(800) 666-6899
Montana Legal Services Association
616 Helena Avenue, Suite 100
Helena, Montana 59601
(406) 442-9830
(800) 666-6124
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