Since you have filed for dissolution of your marriage in Montana, so long as your wife can be served, Montana law applies.
Once your wife is served with Dissolution papers, she has 20 days to respond an(excluding the day the paperwork is delivered). If she fails to file an Answer to your Petition for Dissolution, your attorney can file for a Default.
If your wife doesn't file an Answer to your Petition, your attorney will need to file the following documents with the court:
1.Findings of Facts, Conclusions of Law, and Final Decree of Dissolution
2. Request for Entry of Default, Application for Default Judgment, and
Waiver of Final Disclosure Requirements (one copy)
3. Entry of Default (one copy)
4. Request for Hearing and Order (one copy)
5. Vital Statistics Form (one copy)
Your attorney will file the Request for Entry of Default, the Entry of Default, and the Request for Hearing and Order. As always, get a filed stamped copy of each document The Clerk will schedule a final hearing for your dissolution.
Your attorney will leave with the Clerk your original Findings of Fact, Conclusions of Law, and Final Decree of Dissolution. The Clerk will give this document to the Judge to
review before your final hearing.
You will then show up for your hearing and you will be granted the dissolution of divorce along with any custody and parenting time that you requested. Your wife MUST comply with the terms of any Default Dissolution. If she fails to do so, your attorney can file a Motion that your wife be held in Contempt of Court for failing to comply with the terms of the Dissolution.
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