Fill and Sign the Findings Law Form

MONTANA ____________ JUDICIAL DISTRICT COURT ______________ COUNTY In re the Marriage of: _________________________________, Petitioner (you) , and _________________________________, ☐ Co-Petitioner ☐ Respondent (your spouse) . Case No: _________________________ Final Dissolution Decree No Minor Children Findings of Fact and Conclusions of Law 1. Procedural History. On the _____ day of _______________, 20____, the Petition for Dissolution was filed by ☐ Petitioner ☐ Co-Petitioners jointly . 2. Nature of the Case. Choose One. ☐ We filed a joint Petition. OR ☐ On the _____ day of _______________, 20____, Respondent was served with the Petition and Summons. AND ☐ Respondent filed an answer or otherwise participated in this case. OR ☐ Respondent did not file an answer or otherwise participate in this case. On _____ day of _______________, 20____, default was entered. MP 713 Dissolution Decree © 2016 Montana Supreme Court and Montana Legal Services Association Page 1 of 6 3. Proposed Property Distribution. Choose One. ☐ Petitioner filed and served Respondent the Property Distribution along with the Petition and nothing has changed. OR ☐ Circumstances have changed. ☐ Petitioner ☐ Respondent ☐ Each party has filed an Amended Property Distribution and sent a copy to the other party. OR ☐ Other:____________________________________________________. 4. Hearing. Choose One . On the _____ day of _______________, 20____ the Court held a: ☐ Default hearing. OR ☐ Uncontested hearing. The parties agreed to all issues in this case. OR ☐ Contested hearing. The parties disagree on the following: ☐ Some issues in the petition for dissolution ☐ Some issues with the property distribution 5. Appearances. a. Petitioner ☐ appeared in person ☐ without a lawyer ☐ with a lawyer ________________ b. ☐ Respondent ☐ appeared in person ☐ without a lawyer ☐ with a lawyer ________________ FINDINGS OF FACT AND CONCLUSIONS OF LAW The court considered the evidence at the hearing and all pleadings, and finds: 1. Jurisdiction over the Parties ☐ For 90 days before this case was filed, either the husband or wife was domiciled or was stationed in Montana. 2. Venue ☐ Venue is proper in this county. 3. Marriage . Choose one . MP 713 Dissolution Decree © 2016 Montana Supreme Court and Montana Legal Services Association Page 2 of 6 ☐ The parties were married on (date) ______________________________. The marriage license was filed in _______________ County, State of ___________. OR ☐ The parties were married at common law as of (date) ____________________. The parties assumed a marital relationship by mutual consent and agreement. The parties confirmed their marriage by living together and by public knowledge. OR ☐ The parties filed a declaration of marriage on (date) _______________________ in ___________________ County, State of ____________________. 4. Irretrievable Breakdown. Choose all that apply. ☐ The marriage of the parties is irretrievably broken. ☐ The parties lived separate and apart for at least 180 days before this case was filed. ☐ There is serious marital discord that adversely affects the attitude of one or both of the parties toward the marriage and there is no reasonable prospect of reconciliation. ☐ The Montana Conciliation Law (beginning at §40-3-101, M.C.A.) does not apply in this case. 5. Financial Disclosure of Assets and Liabilities. The Court finds that the parties are in compliance with financial disclosure requirements §§ 40-4-252 through 254, M.C.A. 6. Property Distribution . Choose One . The court finds the following property disbursement is an equitable apportionment between the parties of the marital property, assets, and liabilities ☐ Petitioner’s Proposed Property Disbursement ☐ as modified ☐ Respondent’s Proposed Property Disbursement ☐ as modified ☐ The Agreed Proposed Property Disbursement ☐ as modified ☐ The Court’s Property Disbursement 7. Spousal Maintenance ☐ Spousal maintenance was not requested by either party. OR MP 713 Dissolution Decree © 2016 Montana Supreme Court and Montana Legal Services Association Page 3 of 6 ☐ The court finds that spousal maintenance is necessary because the requesting party lacks sufficient property to provide for the spouse's reasonable needs; and is unable to be self-supporting through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home. OR ☐ The court denies spousal maintenance because: __________________________ __________________________________________________________________ Additional Findings: __________________________________________________ __________________________________________________________________ 8. Previous Names ☐ Petitioner ☐ Respondent ☐ Co-Petitioner requested to have their previous name restored. 9. Additional Findings ☐ The court makes additional findings of fact as follows:_____________________ ___________________________________________________________________ _________________________________________________________________ ☐ Additional Findings of Fact and Conclusions of Law attached as Exhibit ____ are also incorporated into this decree. DECREE OF DISSOLUTION OF MARRIAGE From the above Findings of Fact and Conclusions of Law, the Court orders the following: 1. The Court dissolves the marriage between Petitioner and Respondent. 2. The court dissolves the Temporary Economic Restraining Order issued in this matter under M.C.A. § 40-4-121(3). 3. The Court has signed and adopts the Property Distribution identified as Exhibit ___. The Court orders the parties to follow this Property Distribution. 4. Each party is ordered to take any action necessary to carry out the terms and conditions of this decree including the signing or transfer of titles, deeds, or other documents. All necessary actions must be completed no later than: ____________. 5. Wife’s name will ☐ remain ☐ be restored to: ____________________________ MP 713 Dissolution Decree © 2016 Montana Supreme Court and Montana Legal Services Association Page 4 of 6 6. Husband’s name will ☐ remain ☐ be restored to: ________________________ 7. Spousal Maintenance: Choose One ☐ No spousal maintenance is awarded in this case. OR ☐ Court orders ☐ Petitioner ☐ Respondent pay $________ per month until (date of last payment) ______________________ in spousal support. The payment must be made on the ____ of each month directly to ☐ Petitioner ☐ Respondent 8. Other Provisions: ___________________________________________________________________ ___________________________________________________________________ ________________________________________________________________. MP 713 Dissolution Decree © 2016 Montana Supreme Court and Montana Legal Services Association Page 5 of 6 DATED this day of ____________________, 20____. __________________________________ DISTRICT COURT JUDGE MP 713 Dissolution Decree © 2016 Montana Supreme Court and Montana Legal Services Association Page 6 of 6