Fill and Sign the Mp 115 Joint Petition for Dissolution Without Children Draft Form

MP-115 Joint Petition for Dissolution without Children DRAFT © 2015 Montana Supreme Court and Montana Legal Services Association Page 1 of 5 ____________________________________ Name _____________________________________ Mailing Address _____________________________________ City State Zip Code _____________________________________ Phone Number _____________________________________ E-mail Address (optional) ____________________________________Name _____________________________________ Mailing Address _____________________________________ City State Zip Code _____________________________________ Phone Number _____________________________________ E-mail Address (optional) Co-Petitioners appearing without a lawyer MONTANA ___________ JUDICIAL DISTRICT COURT, ___________ COUNTY In re the Marriage of:__________________________________, (First, Middle, Last) , and __________________________________, (First, Middle, Last) Co-Petitioners. Case No: ____________________ (leave blank, the clerk will write in) Joint Petition for Dissolution of Marriage Without children MP-115 Joint Petition for Dissolution without Children DRAFT © 2015 Montana Supreme Court and Montana Legal Services Association Page 2 of 5 1. Jurisdiction.a. Either spouse meets the residency requirements in §40-4-104, M.C.A. For 90 days before filing this case, either spouse lived or was stationed in Montana. b. Our marriage is irretrievably broken because there is serious marital discord which adversely affects the attitude of one of both parties toward the marriage, and there is no reasonable prospect of reconciliation or we lived separate and apart for at least 180 days before this case was filed. c. The Montana Conciliation Law (beginning at §40-3-101, M.C.A.) does not apply in this case. 2. First Co- Petitioner Information: Name First: ___________________ Middle:_______ Last:____________________ E-mail address (optional): _________________________________________ Mailing Address: ________________________________________________ City: ________________________ State: _____ County: ___________________ Physical Address: ________________________________________________ City: ________________________ State: _____ County: ___________________ Year of Birth:____ Age: ____ Occupation: _________________ How long has first co-petitioner lived in this county? _______________ How long has first co-petitioner lived in Montana? _______________ 3. Second Co-Petitioner information: Name First: ___________________ Middle:_______ Last:____________________ E-mail address (optional): _________________________________________ Mailing Address: ________________________________________________ City: ________________________ State: _____ County: ___________________ Physical Address: ________________________________________________ City: ________________________ State: _____ County: ___________________ Year of Birth:____ Age: ____ Occupation: _________________ How long has second co-petitioner lived in this county? _______________ How long second co-petitioner lived in Montana? _______________ 4. Your marriage. Choose one. ☐ We were married on (date) ______________________________. We filed our MP-115 Joint Petition for Dissolution without Children DRAFT © 2015 Montana Supreme Court and Montana Legal Services Association Page 3 of 5 marriage license in ___________________ County, State of ______________. OR ☐ We were married at common law as of (date) ____________________________. We assumed a marital relationship by mutual consent and agreement. We confirmed our marriage by living together and by public knowledge. OR ☐ We filed a declaration of marriage on (date) _____________________________ in ___________________ County, State of ____________________. 5. Separation. Choose one. ☐ We physically separated on (date) ______________________________. OR☐ We have not yet physically separated. 6. Pregnancy. Choose one. ☐ The wife is not pregnant. OR☐ The wife is pregnant and the husband is not the father. Notice: A parenting plan must be filed after the child is born if the wife is pregnant and the husband is the father or the father is not known. 7. Preliminary Disclosure. Choose one: ☐ We gave each other a description of our income and expenses by using Form MP-510 before we filed this petition. OR☐ Within 60 days of filing this case we will give each other a description of our income and expenses by using Form MP-510. 8. Property Distribution. Choose one. We have marital property, including personal property, real property, other assets, liabilities, and/or debts that need to be distributed as we agree or by the court. ☐ We ask the court to distribute our marital property as described in Form MP-500 Financial Disclosure and Proposed Property Distribution. We filed this document separately. OR ☐ We entered into an agreement prior to getting married. (Write MP-113-A on a copy of MP-115 Joint Petition for Dissolution without Children DRAFT © 2015 Montana Supreme Court and Montana Legal Services Association Page 4 of 5 the prenuptial agreement and paper clip it to this document.) 9. Former Name. Choose one. ☐ First Co-Petitioner is asking that their name be restored to their previous name: ________________. OR ☐ First Co-Petitioner wants to keep their current name. AND ☐ Second Co-Petitioner is asking that their name be restored to their previous name: ________________. OR ☐ Second Co-Petitioner wants to keep their current name. 10. Maintenance. Choose One. ☐ We are not requesting maintenance. OR☐ We agree Second Co-Petitioner pay First Co-Petitioner $________ per month until (date) __________ for maintenance. The payment must be made on the ____ of each month directly to First Co-Petitioner. OR☐ We agree First Co-Petitioner pay Second Co-Petitioner $________ per month until (date) __________ for maintenance. The payment must be made on the ____ of each month directly to Second Co-Petitioner. We are requesting maintenance because ☐ First Co-Petitioner ☐ Second Co- Petitioner lacks sufficient property to support themselves and they are unable to gain employment sufficient to support themselves or they need to care for a child with special needs. 11. Other: ___________________________________________________________________ _________________________________________________________________________________________________________________________________________________________________________________________________________ MP-115 Joint Petition for Dissolution without Children DRAFT © 2015 Montana Supreme Court and Montana Legal Services Association Page 5 of 5 We ask the court to take the following action: 1. Enter a decree of dissolution of marriage dissolving our marriage; 2. Grant each party the marital property, including personal property, real property, other assets, liabilities, and/or debts as stated in our Financial Disclosure and Proposed Property Distribution filed separately. 3. If we asked the Court to do so, restore us to our former name. 4. If we asked the Court to do so, enter an order for maintenance. 5. Other: a. ______________________________________________________________ ______________________________________________________________ b. ______________________________________________________________ ______________________________________________________________ c. ______________________________________________________________ ______________________________________________________________ 6. And for any other relief this court decides is just and proper. We declare under penalty of perjury and under the laws of the state of Montana that the information in this document is true and correct. We understand that it is a crime to give false information in this document. Date: _______ City __________________ State _________ First Co-Petitioner Signature: ___________________________________ Date: _______ City __________________ State _________ Second Co-Petitioner Signature: ________________________________