Fill and Sign the Petition for Dissolution with Minor Children Montana Form

___________________________ Name ___________________________ Mailing Address ___________________________ City, State Zip Code ___________________________ Phone Number ___________________________ E-mail Address (optional) ☐ Petitioner ☐ Respondent ☐ Co Petitioners Appearing without a lawyer MONTANA ___________ JUDICIAL DISTRICT COURT, ___________ COUNTY In re the Marriage of: __________________________________ , (First, Middle, Last) Petitioner (you) , and __________________________________ , Respondent (your spouse) . Case No: ____________________ (leave blank, the clerk will write in) Petition for Dissolution of Marriage with Parenting Plan for Minor Children Jurisdiction. 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. 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. The Montana Conciliation Law (beginning at § 40-3-101, M.C.A.) does not apply in this case. You are the Petitioner. Your information: Name First: ___________________ Middle:_______ Last:____________________ MP-113 Petition for Dissolution with Minor Children © 2015 Montana Supreme Court and Montana Legal Services Association Page 1 of 7 Your e-mail address (optional): _________________________________________ Your Mailing Address: ________________________________________________ City: ________________________ State: _____ County: ___________________ Your Physical Address: ________________________________________________ City: ________________________ State: _____ County: ___________________ Your Year of Birth:____ Age: ____ Your occupation: _________________ How long have you lived in this county? _______________ How long have you lived in Montana? _______________ Your spouse is the Respondent. Your spouse’s information: Name First: ___________________ Middle:_______ Last:____________________ Spouse’s e-mail address (optional): _________________________________________ Spouse’s Mailing Address: ________________________________________________ City: ________________________ State: _____ County: ___________________ Spouse’s Physical Address: ________________________________________________ City: ________________________ State: _____ County: ___________________ Spouse’s Year of Birth:____ Age: ____ Spouse’s occupation: _________________ How long has your spouse lived in this county? _______________ How long has your spouse lived in Montana? _______________ Your marriage. Choose one. ☐ We were married on (date) ______________________________. We filed our 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 ____________________. Separation. Choose one. ☐ We physically separated on ( date) ______________________________. MP-113 Petition for Dissolution with Minor Children © 2015 Montana Supreme Court and Montana Legal Services Association Page 2 of 7 OR ☐ We have not yet physically separated . Pregnancy. Choose one. ☐ The wife is not pregnant. OR ☐ The wife is pregnant and the husband is the father. OR ☐ The wife is pregnant and is unsure who the father is. 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. All minor children of the marriage, including those born to or adopted by both parties. Name Age Birth Year Minor primarily lives with: ☐ Mother ☐ Father ☐ Both ☐ Other ☐ Mother ☐ Father ☐ Both ☐ Other ☐ Mother ☐ Father ☐ Both ☐ Other ☐ Mother ☐ Father ☐ Both ☐ Other ☐ Mother ☐ Father ☐ Both ☐ Other ☐ We have more minor children. (Fill out MP-113-B and paper clip it to this document) Child(ren) residence(s). State law requires this information. You can find this law at § 40-7-110, M.C.A. Start with the children’s current address. Give the information for the past 5 years. If you don’t know the individual’s current address, write “not known” next to their name. Children’s Names Address Starting MM/YY Ending MM/YY List all people living at this location, their relationship with child, and current address Still lives here MP-113 Petition for Dissolution with Minor Children © 2015 Montana Supreme Court and Montana Legal Services Association Page 3 of 7 ☐ There are more residences. (Fill out and paper clip Form MP-113-C to this document) Jurisdiction of the children. Choose the most accurate description. ☐ Our child(ren) lived in Montana for at least 6 consecutive months immediately before this case was filed. This makes Montana our child(ren)’s home state. If a child(ren) is less than six months old, the child(ren) lived in Montana since birth. OR ☐ Montana was the home state of the child(ren) within six months of this case being filed, and one parent continues to reside in Montana. OR ☐ The child(ren) and one parent have significant connections with Montana and substantial evidence about them is in Montana. OR ☐ The child(ren) are physically present in Montana and have been abandoned, the child(ren) are with a caretaker relative who was given custody, or an emergency exists requiring the child(ren)’s protection. OR ☐ No other state has jurisdiction over the child(ren) or the other state has declined jurisdiction over the children. Other Court Cases. Choose One. State law requires this information. You can find this law at § 40-7-110, M.C.A. ☐ I don’t know of any other court case that could affect this one. OR ☐ There are other court cases that could affect this one. Here is the list: The first court case is: ☐ Order of Protection ☐ Criminal case ☐ Adoption ☐ Guardianship ☐ Child and Family Services ☐ Other: (describe) ________________________________________________________ Court: _______________________ Case No: __________________ ☐ I participated as a ☐ party ☐ witness ☐ other: ___________________ MP-113 Petition for Dissolution with Minor Children © 2015 Montana Supreme Court and Montana Legal Services Association Page 4 of 7 ☐ I didn’t participate. The second court case is: ☐ Order of Protection ☐ Criminal case ☐ Adoption ☐ Guardianship ☐ Child and Family Services ☐ Other: (describe) ________________________________________________________ Court: ______________________ Case No: ___________________ ☐ I participated as a ☐ party ☐ witness ☐ other: ___________________ ☐ I didn’t participate. ☐ There are more court cases. (Fill out and paper clip Form MP-113-E to this document) Other people. Choose one: ☐ I don’t know of any other person, not my spouse, who has physical custody or claims to have physical custody or to have visitation rights with a child listed in this petition. OR ☐ Here is a list of people who have physical custody or claim to have physical custody or visitation rights with a child listed in this petition: Name Address Child’s name Description ☐ Has physical custody ☐ Claims physical custody ☐ Claims visitation rights ☐ Has physical custody ☐ Claims physical custody ☐ Claims visitation rights ☐ Has physical custody ☐ Claims physical custody ☐ Claims visitation rights ☐ I understand I must give notice of this case to anyone on this list. (Fill out and paper clip a copy of Form MP-113-D to this document for each person on this list. Send Form MP-407 to everyone listed.) Parenting Plan. It is in the best interest of our child(ren) that this court adopt my proposed parenting plan. This is a document that I filed separately. My proposed parenting plan MP-113 Petition for Dissolution with Minor Children © 2015 Montana Supreme Court and Montana Legal Services Association Page 5 of 7 includes parenting time, child support, and medical support. NOTICE: State law requires that a child support calculation using the Montana guidelines be filed with this court. I can find this law at §40-4-204, M.C.A. Preliminary Disclosure. Choose one: ☐ I served my spouse a description of my income and expenses by using Form MP- 510 when I served the petition. OR ☐ Within 60 days of filing this case I will serve my spouse a description of my income and expenses by using Form MP-510 . 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. ☐ I ask the court to distribute our marital property as described in Form MP-500 Financial Disclosure and Proposed Property Distribution. I filed this document separately. OR ☐ We entered into an agreement prior to getting married. (Write MP-113-A on a copy of the prenuptial agreement and paper clip it to this document.) Former Name. Choose one. ☐ I am asking that my name be restored to my previous name: ________________. OR ☐ I want to keep my current name. Maintenance. Choose One. ☐ I am not requesting maintenance. OR ☐ I am requesting my spouse pay me $________ per month until (date) __________ for maintenance. The payment must be made on the ____ of each month directly to me. OR ☐ I am requesting to pay my spouse $________ per month until (date) ___________ for maintenance. The payment must be made on the ____ of each month directly to my spouse. I am requesting maintenance because I lack sufficient property to support myself and I am unable to gain employment sufficient to support myself or I need to care MP-113 Petition for Dissolution with Minor Children © 2015 Montana Supreme Court and Montana Legal Services Association Page 6 of 7 for a child with special needs. Other: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ __________________________________________________________ I ask the court to take the following action: 1. Enter a decree of dissolution of marriage dissolving our marriage; 2. Adopt the Petitioner’s proposed parenting plan, including parenting time, child support, and medical support. 3. Grant each party the marital property, including personal property, real property, other assets, liabilities, and/or debts as stated in the Petitioner’s Financial Disclosure and Proposed Property Distribution filed separately. 4. If I asked the Court to do so, restore me to my former name. 5. If I asked the Court to do so, enter an order for maintenance. 6. If the court deems proper, award me my attorneys’ fees and court costs pursuant to § 40-4-110, MCA. 7. Other: _________________________________________________________________ ___________________________________________________________ _________________________________________________________________ ___________________________________________________________ _________________________________________________________________ ___________________________________________________________ 8. And for any other relief this court decides is just and proper. I declare under penalty of perjury and under the laws of the state of Montana that the information in this document is true and correct. I understand that it is a crime to give false information in this document. Date: _______ City State _____ Your Signature: ____________________ MP-113 Petition for Dissolution with Minor Children © 2015 Montana Supreme Court and Montana Legal Services Association Page 7 of 7