Step 4: DIY or get a lawyer?
DIY divorce Papers (Slower & Least Costly)
A “Do It Yourself” divorce is only recommended if you have some time and your divorce partner is willing to help out. Because you have less help when filing your paperwork, this increase the time and sometimes the frustration of filing your paperwork.
If you go this route, the first thing you must do as a petitioner is to find the correct documents and complete them. The website of the Montana Judicial Branch has packets of divorce forms for joint dissolutions and also for simple divorce without any disputes. There are forms for couples without children and with children.
The website provides fill-in forms and guides and you must choose the correct packet as per your situation. Each packet has detailed instructions which must be followed precisely. Make sure that you complete the forms carefully, neatly and correctly. If you make any mistakes, then the divorce can be delayed.
You can get clarifications from the court clerk; however, you must remember that they cannot offer any legal advice. If you have any specific queries, you can consult a family lawyer or for free legal advice, check Montana Law Help.
Divorce cases are usually started in the district court. Montana has 56 district courts and there are 22 judicial districts. It is vital that you file your divorce documents in the correct district court. You can click here to identify the judicial district and counties served by the Montana Judicial Branch. You are responsible for filing your papers in the correct court and if you file it in the wrong place, your divorce case can be dismissed or transferred and you will have to start all over again.
Online Divorce Services (Fastest & Inexpensive)
If you decide to go the self-representation route and do not want the assistance of a divorce lawyer, but you are confused about how to fill out the necessary forms, you can then make use of an online divorce service.
All you need to do is simply answer some question regarding your marriage and filled out forms will be provided to you by the online service as per the state requirements and all you need to do is take the forms and file them with the court with the appropriate filing fee.
The online service will also provide instructions about what you should do. This is extremely convenient because, with the payment of a small fee, you get the convenience of fully-prepared ready-to-use documents. If you want to go this route, try our favorite provider 3stepdivorce.com and get started for $84.
Attorney Divorce Trial (Longer & Expensive)
In case both parties are not able to agree about the key issues of the divorce, then there will be a divorce trial where a judge will hear your case. In this situation, both your spouse and you must hire a divorce attorney to present your case and safeguard your interests. Usually, a trial is expensive and also takes very long, so if you can avoid this, try your hardest to do so.