MONTANA _______________ JUDICIAL DISTRICT COURT _____________________ COUNTY In re the Marriage of: Cause No.: _________________ ________________________, Petitioner, and Findings of Fact, Conclusions of Law and Final Decree of Dissolution ________________________, Respondent. The Petition for Dissolution, filed herein on the _____ day of _______________, 20____, came for hearing this _____ day of _______________, 20____. The Petitioner appeared pro se. The Respondent did not appear or otherwise respond to the Petition. The Respondent’s default was entered on the _____ day of ___________________, 20___. After considering all evidence and pleadings, the Court finds: FINDINGS OF FACT 1. The Respondent was served with the Petition and Summons on the _____ day of _______________________, 20_____. Decree, Page 1 of 8 Approved by the Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association, 04/01/04 American LegalNet, Inc. www.FormsWorkflow.com 2. Choose One: [] The parties were married on (date): registered in the County of [] . The marriage was , State of . The parties were married at common law. The parties assumed a marital relationship by mutual consent and agreement and confirmed their marriage by cohabitation and public repute. 3. Choose One: [] [] 4. The parties separated on (date): . The parties are not yet separated. Choose One: [] The marriage is irretrievably broken in that there is serious marital discord which adversely affects the attitude of one of the parties towards the marriage, and there is no reasonable prospect of reconciliation. [] The marriage is irretrievably broken in that the parties have lived separate and apart for a period of more than one hundred eighty (180) days preceding the commencement of these proceedings, and there is no reasonable prospect of reconciliation. 5. The conciliation provisions of the Montana Conciliation law and M.C.A. § 40-4-107 do not apply. 6. The Petitioner has been domiciled within the state of Montana for at least ninety (90) days prior to the filing of this action. 7. Choose One: [] There were no children born of the marriage. [] There were children of the marriage, but none are now minors. [] There were children born of the marriage, but this Court has no jurisdiction over them. 8. The wife is not pregnant with a child of this marriage. 9. A Temporary Economic Restraining Order was issued in this matter under M.C.A. § 40-4121(3) and is currently in effect. Decree, Page 2 of 8 Approved by the Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association, 04/01/04 American LegalNet, Inc. www.FormsWorkflow.com 10. The Petitioner has complied with the preliminary disclosure requirements of M.C.A. § 40-4252. 11. The Petitioner has waived the final disclosure requirements of M.C.A. §§ 40-4-253 and 404-254. 12. Choose One: [] The parties do not own any real property. [] The [ ] Petitioner/[ ] Respondent/[ ] both parties is/are the owner(s) of record of real property located at __________________________________________________ _________________________________________________________________. The legal description of the property is . 13. Choose One: [] [] 14. The parties do not own any vehicles. The parties own ______ vehicle(s). The parties have accumulated household furnishings and other personal property during the course of their marriage. The personal property of the parties [ ] has not/ [ ] has already been divided. 15. Choose One: [] [] 16. There are no debts of the marriage. The parties have accumulated debts during the course of their marriage. Choose One: [] The wife would like to be restored to her former name of _________________________________________________________________. [] [] 17. The wife does not want to be restored to her former name. The wife has not indicated whether she would like to be restored to her former name. Other Provisions: _________________________________________________________ Decree, Page 3 of 8 Approved by the Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association, 04/01/04 American LegalNet, Inc. www.FormsWorkflow.com ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 18. All of the other allegations of the Petitioner’s complaint not inconsistent herewith are true, and the relief requested should be granted. FROM the above Findings of Fact, the Court makes the following: CONCLUSIONS OF LAW 1. The Court has jurisdiction over this cause. 2. The marriage of the parties is irretrievably broken. 3. The Petitioner, having complied with the Preliminary Disclosure requirements of M.C.A. § 40-4-252 and waived the final disclosure requirements of M.C.A. §§ 40-4-253 and 404-254, and the Respondent having failed to answer within the statutory time frame, the Court finds good cause to enter this Decree without service of final declarations of disclosure. 4. Based on the duration of the marriage and on the parties’ age, health, education, skills, and financial circumstances, the Petitioner’s proposed division of property and debts is equitable. 5. If requested, the wife should be restored to her former name. 6. Other Provisions: _________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ FROM the above Findings of Fact and Conclusions of Law, the Court orders the following: DECREE OF DISSOLUTION OF MARRIAGE 1. The marriage between the Petitioner and the Respondent is hereby dissolved. 2. Choose One: Decree, Page 4 of 8 Approved by the Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association, 04/01/04 American LegalNet, Inc. www.FormsWorkflow.com [] The parties do not own any real property. [] The [ ] Petitioner/[ ] Respondent is hereby granted all right, title, and interest in the real property located at ___________________________________________, with legal description of . The [ ] Petitioner/[ ] Respondent shall transfer his/her interest in this real property to the [ ] Petitioner/[ ] Respondent. or [] Describe the proposed distribution of the real property: ____________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________. If needed, attach additional sheets as Exhibit _____. 3. Choose One: [] The parties do not own any vehicles. or [] The parties’ vehicle(s) shall be distributed as follows (Please include the year, make, and model for each vehicle listed.): a. The Petitioner is awarded all right, title and interest in following vehicle(s): Vehicle: Vehicle: VIN#: Vehicle: b. VIN#: VIN#: The Respondent is awarded all right, title, and interest in the following vehicle(s): Vehicle: VIN#: Vehicle: VIN#: Decree, Page 5 of 8 Approved by the Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association, 04/01/04 American LegalNet, Inc. www.FormsWorkflow.com Vehicle: c. VIN#: The parties shall transfer all right and title in said vehicle(s) to the appropriate party. If either party fails to transfer such right and title in the vehicle(s) within twenty (20) days from the date of this Decree, the registrar of Motor Vehicles of the State of Montana is hereby ordered to issue sole title to the party awarded said vehicle(s) upon receipt of a certified copy of this Decree. If needed, attach additional sheets as Exhibit _____. 4. Choose One: [] Each party is hereby granted the exclusive right and title to the personal property currently in his or her possession. or [] Each party is hereby granted the exclusive right and title to the following personal property: To Petitioner: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ To Respondent: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ If needed, attach additional sheets as Exhibit _____. 5. Choose One: Decree, Page 6 of 8 Approved by the Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association, 04/01/04 American LegalNet, Inc. www.FormsWorkflow.com [] There are no debts of the marriage. [] The parties have accumulated debts during the course of their marriage. Each party shall be responsible for the debts currently in his or her name. or [] The parties have accumulated debts during the course of their marriage. The responsibility for the debts shall be distributed as follows: To Petitioner: Description of Debt Creditor Current Balance Amount to Petitioner Any and all other debts in Petitioner’s name only; any and all other debts incurred solely by the Petitioner since the parties’ separation. To Respondent: Description of Debt Creditor Current Balance Amount to Respondent Decree, Page 7 of 8 Approved by the Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association, 04/01/04 American LegalNet, Inc. www.FormsWorkflow.com Description of Debt Creditor Current Balance Amount to Respondent Any and all other debts in Respondent’s name only; any and all other debts incurred solely by the Respondent since the parties’ separation; and any and all other debts not disclosed by the Respondent to the Petitioner. If needed, attach additional sheets as Exhibit _____. 6. The Temporary Economic Restraining Order issued in this matter under M.C.A. § 40-4121(3) is hereby dissolved. 7. Each party is ordered to execute any and all documents which now or in the future may be necessary to carry into full force and effect the terms and conditions of this Decree. 8. Choose One: [] [] 9. The wife’s (D.O.B. ________) name is restored to ________________________. The wife’s name is not restored to her former name. Other Provisions: _________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ DATED this day of ____________________, 20____. __________________________________ DISTRICT COURT JUDGE Decree, Page 8 of 8 Approved by the Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association, 04/01/04 American LegalNet, Inc. www.FormsWorkflow.com