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Findings Of Fact Conclusions Of Law And Final Decree Of Dissolution (Joint Dissolution With No Children) Form. This is a Montana form and can be use in District Court Statewide.
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Tags: Findings Of Fact Conclusions Of Law And Final Decree Of Dissolution (Joint Dissolution With No Children), Montana Statewide, District Court
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
________________________,
Petitioner.
The Joint Petition for Dissolution, filed herein on the _____ day of _________________,
20____, came for hearing this _____ day of _______________, 20____.
The Petitioner,
_____________________________, appeared pro se.
After considering all evidence and pleadings, the Court finds:
FINDINGS OF FACT
1.
The Petitioners, ________________________ (“Wife”) and _______________________
(“Husband”) have both signed a Joint Petition for Dissolution.
Decree of Dissolution, Page 1 of 8
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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.
At least one of the Petitioners 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.
The Petitioners have waived the exchange of preliminary declarations of disclosure.
10.
The Petitioners have complied with the final disclosure requirements of M.C.A. §§ 40-4-253
and 40-4-254.
Decree of Dissolution, Page 2 of 8
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11.
Choose One:
[]
The parties do not own any real property.
or
[]
The [ ] Wife/[ ] Husband/[ ] both parties is/are the owner(s) of record of real property
located at _________________________________________________________
_________________________________________________________________.
The legal description of the property is
.
12.
Choose One:
[]
[]
13.
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.
14.
Choose One:
[]
[]
15.
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
_________________________________________________________________.
[]
16.
The wife does not want to be restored to her former name.
Other Provisions: _________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
17.
All of the other allegations of the Petitioners’ complaint not inconsistent herewith are true,
and the relief requested should be granted.
Decree of Dissolution, Page 3 of 8
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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.
Based on the duration of the marriage and on the parties’ age, health, education, skills,
and financial circumstances, the Petitioners’ proposed division of property and debts is
equitable.
4.
If requested, the wife should be restored to her former name.
5.
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 of the parties is hereby dissolved.
2.
Choose One:
[]
The parties do not own any real property.
[]
The [ ] Wife/[ ] Husband is hereby granted all right, title, and interest in the real
property located at
__________________________________________________, with legal
description of
.
The [ ] Wife/[ ] Husband shall transfer his/her interest in this real property to the
[ ] Wife/[ ] Husband.
or
Decree of Dissolution, Page 4 of 8
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[]
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 Wife is awarded all right, title and interest in following vehicle(s):
Vehicle:
Vehicle:
VIN#:
Vehicle:
b.
VIN#:
VIN#:
The Husband is awarded all right, title, and interest in the following
vehicle(s):
Vehicle:
Vehicle:
VIN#:
Vehicle:
c.
VIN#:
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
Decree of Dissolution, Page 5 of 8
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[]
Each party is hereby granted the exclusive right and title to the following personal
property:
To Wife:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
To Husband:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
If needed, attach additional sheets as Exhibit _____.
5.
Choose One:
[]
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 Wife:
Description of Debt
Creditor
Current Balance
Amount to Wife
Decree of Dissolution, Page 6 of 8
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Description of Debt
Creditor
Current Balance
Amount to Wife
Any and all other debts in Wife’s name only; any and all other debts incurred solely by the Wife
since the parties’ separation.
To Husband:
Description of Debt
Creditor
Current Balance
Amount to Husband
Decree of Dissolution, Page 7 of 8
Approved by the Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association, 04/01/04
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Description of Debt
Creditor
Current Balance
Amount to Husband
Any and all other debts in the Husband’s name only; any and all other debts incurred solely by
the Husband since the parties’ separation.
If needed, attach additional sheets as Exhibit _____.
6.
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.
7.
Choose One:
[]
[]
8.
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 of Dissolution, Page 8 of 8
Approved by the Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association, 04/01/04
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