Fillable Printable Petition for Dissolution of Marriage Form- Montana

Petition for Dissolution of Marriage Form- Montana

Do not file this page with the court.

DISSOLUTION OF

MARRIAGE

FORMS

APPROVED BY

The Missouri Supreme Court

July, 2012

Do not file this page with the court.

DISSOLUTION OF MARRIAGE FORMS PACKAGE

Introduction

The Unauthorized Practice of Law

These forms are provided at no cost to you by the Missouri Supreme Court

Committee on Access to Family Courts so that you may have access to the

Missouri Courts. It is a crime for another person to charge you a fee for preparing

these forms for you unless that person is a licensed lawyer. If anyone other than

a lawyer attempts to charge you for preparing these forms, you should notify the

Office of Chief Disciplinary Counsel, 3335 American Avenue, Jefferson City,

Missouri, 65109.

General Information about All Forms

Information that you enter on these forms can be saved on your computer ONLY if

you are using Adobe Acrobat version 8.0 or higher. They can be completed using

the free Adobe Reader, but you will not be able to save the information you enter.

The forms listed below are interactive. You can enter the information on

these forms before you print them. If you fill the forms in on your computer, much

of the information you enter on one form is automatically transferred to other

forms. For example, if you type your first name on the “Petition for Dissolution of

Marriage,” your first name will also appear on the other forms.

Some forms refer to the husband and wife as the parties, while other forms

refer to the parties as the Petitioner and the Respondent. The Parenting Plan

refers to the Mother and Father. It is assumed that you are the petitioner, or the

person filing the case. Because of this, you must indicate whether you are the

Husband or the Wife so that information from one form can be automatically

transferred to the other forms.

This package also contains bookmarks. These bookmarks help you to

navigate throughout these forms. In addition, there are “links” embedded in the

forms. These links are usually green, and can take you to a related location in the

forms.

If your spouse signs the “Answer” so that service of process is not required,

then you only have to file one copy of the “Petition for Dissolution of Marriage”,

“Statement of Income and Expenses”, “Statement of Property and Debt and

Proposed Separation Agreement”, and “Parenting Plan”. If your spouse does not

sign an “Answer”, then you must file one additional copy of all of these forms.

You should also keep a copy of these forms for your records.

Some additional forms may be required by some Missouri Courts. You should

check with your local court.

Do not file this page with the court.

TABLE OF CONTENTS

1. Petition for Dissolution of Marriage (Form CAFC001)

This is the first form you should complete. Information that you enter on this form

will be transferred to all the other forms in the package.

2. Certificate of Dissolution of Marriage (Form CAFC065)

Most courts require that you file two copies of the Certificate of Dissolution of

Marriage.

3. Statement of Income and Expenses (Form CAFC050)

This form requires that you list income and expenses for both you and your

spouse. A lawyer can assist you in finding out this information.

4. Statement of Property and Debt and Proposed Separation Agreement

(Form CAFC040)

READ THE INSTRUCTIONS ON THIS FORM CAREFULLY.

If both you and your spouse agree on the disposition of property and debt and

on all issues concerning maintenance, you may both sign this form. This

“Separation Agreement” can then be introduced into evidence at your hearing.

5. Respondent’s Answer to Petitioner’s Petition for Dissolution of

Marriage (Form CAFC010)

Your spouse may sign this form if he or she does not want to be personally

served. By signing this form, your spouse is allowing the court to decide your

case. Your spouse may also use this form to disagree with your statements on

your forms.

6. Judgment of Dissolution of Marriage (Form CAFC070)

This is a “proposed” judgment. Different courts handle the preparation of the

judgment in different ways. In some courts, the judge will direct you to prepare a

judgment, and in other courts, the judge will prepare the judgment.

7. Filing Information Sheet (Form CAFC067)

This form is required by most courts to enter the information about your case into

the Court’s computer system.

8. Parenting Plan (Form CAFC501)

This form is only required if there are unemancipated children of this marriage. If

there are no unemancipated children of this marriage, then you do not have to

print this form, nor do you have to file this form.

There are two parts to this form, Part A and Part B. Part A deals with custody

issues of the children, and Part B deals with support issues of the children. You

must complete both parts of the Parenting Plan.

If you have different custody or support arrangements for some of the

children, you must complete a separate Parenting Plan for each set of children.

Petition for Dissolution of Marriage – Page 1 of 12

Form CAFC001-07/01/2012 This form is available for free at www.selfrepresent.mo.gov Form CAFC001-07/01/2012 This form is available for free at www.selfrepresent.mo.gov

IN THE CIRCUIT COURT OF _________________________, MISSOURI

(County where court is located)

In re the Marriage of

_________________ _____________ ____________________ _________

(First) (Middle) (Last) (Jr./Sr./III)

Petitioner, (Your full name should be entered here) Case No. ____________

(Will be assigned when case is filed)

-and-

Division No. ____________

_________________ _____________ ____________________ _________ (Will be assigned when case is filed)

(First) (Middle) (Last) (Jr./Sr./III)

Respondent. (Enter your spouse’s full name here)

Petition for Dissolution of Marriage

1. How many petitions have you filed in this case?

This is the first petition I have filed in this case. (Original Petition)

This is the second petition I have filed in this case.

This is the third petition I have filed in this case.

Throughout this entire case, you will

always be the “Petitioner” and your husband

or wife will always be the “Respondent”.

Your husband or wife is also referred to as

your “spouse”.

2. Are you the Husband or the Wife?

I am the Wife.

I am the Husband.

3. What is your mailing address?

_________________________________________________________

(Street)

_________________________ __________________ ___________

(City) (State) (Zip)

_________________________ _____________________________

(Telephone Number) (E-Mail Address)

This is the address that the court will

use to send information concerning your

case to you.

This address is not necessarily the

same as the address at which you reside.

Even if you do not wish to disclose the

address at which you reside, you MUST still

provide the court with a mailing address.

4. What are the last four numbers of your social security number?

XXX-XX- _____________

The last four digits of your social

security number are required by §452.312,

RSM0.

5. What is your spouse’s mailing address?

_________________________________________________________

(Street)

_________________________ __________________ ___________

(City) (State) (Zip)

_________________________ _____________________________

(Telephone Number) (E-Mail Address)

This is the address that the court will

use to send information concerning your

case to your spouse. If you do not know

your spouse’s current address, you should

enter the last known address of your

husband or wife.

6. What are the last four numbers of your spouse’s social security

number?

XXX-XX- _____________

The last four digits of your spouse’s

social security number are required by

§452.312, RSMo. Do not leave this field

blank. If you do not know your spouse’s

social security number, enter “Unknown” in

this field.

If you change addresses,

make sure to tell the court

in writing your new

address.

If this is an amended

petition, you MUST enter

the Case Number.

Petition for Dissolution of Marriage – Page 2 of 12

Form CAFC001-07/01/2012 This form is available for free at www.selfrepresent.mo.gov Form CAFC001-07/01/2012 This form is available for free at www.selfrepresent.mo.gov

7. DIRECTIONS FOR SERVICE ON RESPONDENT

How will your spouse receive legal notice of this proceeding?

Before your case can proceed, your

spouse must be given notice that you have

filed this case. This notice can be given in

one of the methods described on this page.

Respondent has signed a verified “Answer to Petition for

Dissolution of Marriage” which is being filed with the “Petition for

Dissolution of Marriage.” Therefore, do not issue a summons.

If you check this box, you must file the

“Answer to Petition for Dissolution of

Marriage” at the same time you file this

petition. The “Answer” must be signed by

your spouse in front of a notary public.

Respondent has signed a verified “Waiver of Service and Entry of

Appearance” which is being filed with the “Petition for Dissolution of

Marriage.” Therefore, do not issue a summons.

If your spouse signs a “Waiver of

Service and Entry of Appearance,” he or she

has 30 days in which to file an answer to the

petition. The “Waiver of Service and Entry

of Appearance” must be signed by your

spouse in front of a notary public.

Respondent will voluntarily enter his/her appearance in this case

and therefore summons should be issued but held in the Sheriff’s

office for this County. If a verified “Waiver of Service and Entry of

Appearance” is not filed within thirty (30) days, this case may be

dismissed without further notice to Petitioner.

Your spouse can either sign an answer

or waiver within 30 days, or your spouse can

pick up a copy of the papers in the sheriff’s

office for this county within 30 days.

If you select this option, the clerk will

issue a summons, which will be “held” in the

sheriff’s office.

Summons should be served upon Respondent at his/her

residence:

________________________________________________________

(Street)

_________________________ __________________ ___________

(City) (State) (Zip)

Respondent may be served either at

his/her place of employment or at his/her

home. You should check the appropriate

box.

Your spouse must be served within 30

days of the issuance of the summons.

IF YOU ARE GOING TO HAVE YOUR

SPOUSE SERVED, YOU MUST FILE

ANOTHER COPY OF ALL YOUR

DOCUMENTS IN THIS CASE TO BE

SERVED ON YOUR SPOUSE.

Summons should be served upon Respondent at his/her place of

employment:

_________________________________________ __________________

(Employer’s Name - if applicable) (Hours of Employment)

________________________________________________________

(Street)

_________________________ __________________ ___________

(City) (State) (Zip)

Respondent cannot be served in Missouri. Therefore, service by

registered mail is requested. A copy of the “Affidavit for Service by

Mail” is attached to this form. See Missouri Supreme Court Rule

54.12(b)

Service by registered mail is only

available if your spouse resides outside the

State of Missouri.

If you have service by mail, you are not

entitled to obtain any kind of money

judgment against your spouse for such

things as child support or maintenance.

The whereabouts of Respondent are unknown and there is no

way of contacting him or her. I have attempted to locate the

Respondent and have been unable to do so. Therefore, service by

publication will be required. A copy of the “Affidavit for Service by

Publication” is attached to this form. Child support, maintenance or

other money judgments will not be allowed against Respondent if

service is by publication. Publication must be made in the county

where this matter is filed in a newspaper of general circulation. See

Missouri Supreme Court Rule 54.12(c).

You can only obtain service by

publication if the whereabouts of your

spouse are unknown and you cannot locate

him or her by making all reasonable

attempts to find out where he or she can be

served.

If you have service by publication, you

are not entitled to obtain any kind of money

judgment against your spouse for such

things as child support or maintenance.

This option should only be utilized as a

last resort.

Other: ______________________________________________

NOTE: Must be authorized by

Supreme Court rule or statute.

ONE and only ONE box

should be checked on

this page.

Petition for Dissolution of Marriage – Page 3 of 12

Form CAFC001-07/01/2012 This form is available for free at www.selfrepresent.mo.gov Form CAFC001-07/01/2012 This form is available for free at www.selfrepresent.mo.gov

8. What is your age?

_______________

(Number of Years)

You should enter your age in years on

this line.

9. In what country do you currently reside?

______________________

(Country)

Read each question carefully. This question

requests the COUNTRY in which you reside.

It does not request the COUNTY in which

you reside.

10. In what state do you currently reside and for what length of

time have your resided in your state of residence?

_________________________ ______ ______ ______

(State of Residence) Years Months Days

(Length of Residence in this State)

You should enter state in which you

reside and the length of time you have been

a resident of the State. Missouri law

requires that one party to a dissolution of

marriage proceeding must have been a

resident of the State of Missouri for at least

90 days. If the time is less than four

months, state the number of days you have

resided in the state.

11. In what county do you currently reside and for what length of

time have you resided in your county of residence?

_________________________ ______ ______ ______

(Name of County) Years Months Days

(Length of Residence in this County)

The “City of St. Louis” is considered a

county. If you live in the City of St. Louis,

you should write “St. Louis City” in the blank.

Also you should enter the length of time

you have been a resident of the county.

12. What is your current employment status?

Employed

Unemployed

Self-employed

13. If you are employed or self-employed, where do you currently

work?

_________________________________________

(Employer’s Name or type of self-employment)

________________________________________________________

(Street)

_________________________ __________________ ___________

(City) (State) (Zip)

If you are self-employed, enter a brief

description of the type of work you perform

such as “Landscaping” or “Day care” on the

line for the name of your employer. If you

are self-employed, you should also enter the

address information for your self-

employment.

14. What is your total monthly gross income from all sources?

________________________

(Total Monthly Gross Income)

Enter the total amount of gross income

you earn each month. “Gross income” is the

amount of money a person earns before

anything such as taxes is deducted. For a

more detailed definition of “gross income”

see Supreme Court Form No. 14

15. Can you support yourself through the combined income from

your employment and income from property that you will receive

in the dissolution?

Yes

This does not include supporting any

minor children.

16. What is your spouse’s age?

_______________

(Number of Years)

You should enter your spouse’s age in

years on the line.

Not the City

Not the Country

(See Explanation)

Petition for Dissolution of Marriage – Page 4 of 12

Form CAFC001-07/01/2012 This form is available for free at www.selfrepresent.mo.gov Form CAFC001-07/01/2012 This form is available for free at www.selfrepresent.mo.gov

17. In what country does your spouse currently reside?

_________________________

(Country)

18. In what state does your spouse currently reside and for what

length of time has your spouse resided in his or her state of

residence?

_________________________ ______ ______ ______

(State of Residence) Years Months Days

(Length of Residence in this State)

You should enter state in which your

husband or wife resides and the length of

time your spouse has been a resident of the

State. If the time is less than four months,

state the number of days your spouse has

resided in the state.

19. In what county does your spouse currently reside and for what

length of time has your spouse resided in his or her county of

residence?

_________________________ ______ ______ ______

(Name of County) Years Months Days

(Length of Residence in this County)

If you do not know in which county your

spouse resides and cannot find out this

information from any source such as family,

friends, telephone listings, or the internet,

then you should enter “Unknown”.

Also you should enter the length of time

your spouse has been a resident of the

county. The “City of St. Louis” is considered

a county.

20. If your spouse does not live in Missouri, did you and your

spouse live together in Missouri during your marriage?

Yes.

No.

Not Applicable. (My spouse currently resides in Missouri)

If you and your spouse have never lived

together in the State of Missouri during your

marriage and he or she does not voluntarily

enter his or her appearance in this

proceeding, the court will lack personal

jurisdiction over your spouse. This means

that the court cannot award any money

judgment to you.

It may be better to file this case in the

state where your spouse resides. You

should consult a lawyer for further

information.

21. What is your spouse’s current employment status?

Employed

Unemployed

Self-employed

Unknown

22. If your spouse is employed or self-employed, where does he

or she currently work?

_________________________________________

(Employer’s Name or type of self-employment)

________________________________________________________

(Street)

_________________________ __________________ ___________

(City) (State) (Zip)

If your spouse is self-employed, enter a

brief description of the type of work he or

she performs, such as “Landscaping” or

“Day care,” on the line for the name of your

employer. If your spouse is self-employed

you should also enter the address

information for his or her self-employment.

23. What is your spouse’s total monthly gross income from all

sources?

________________________

(Total Gross Monthly Income)

Enter the total amount of gross income

your spouse earns each month. “Gross

income” is the amount of money a person

earns before anything such as taxes is

deducted.

If you do not know the exact amount of

gross monthly income for your spouse, you

should enter your best estimate here.

Not the City

Not the Country

Petition for Dissolution of Marriage – Page 5 of 12

Form CAFC001-07/01/2012 This form is available for free at www.selfrepresent.mo.gov Form CAFC001-07/01/2012 This form is available for free at www.selfrepresent.mo.gov

24. Can your spouse support him or herself through the combined

income from his or her employment and income from property that

he or she will receive in the dissolution?

Yes

Unknown

This does not include supporting any

minor children born of the marriage.

25. Is your spouse on active duty in the military?

Yes

If your spouse is on active duty in the

armed forces of the United States, the

Servicemembers Civil Relief Act (SCRA)

may prevent you from obtaining a

dissolution of marriage without your

spouse’s consent. You should contact a

lawyer about this situation prior to filing this

petition.

26. On what date were you married? _____________

(MM/DD/YYYY)

You must answer this

question.

27. In what country, state and county did you get your marriage

license?

_________________________ __________________________

(Country) (State)

_________________________

(Name of County)

You should enter the Country, State

and County where you marriage is

registered.

This is not necessarily the same as the

county where you were married.

The City of St. Louis is considered a

county and is the only city in the state of

Missouri that is a county.

28. On what date did you and your spouse separate?

_____________

(MM/DD/YYYY)

The date of separation is not

necessarily the same as the date one party

moved out of the joint residence of the

parties. Under some circumstances, the

parties may be separated and still be

residing in the same residence.

29. Is there any reasonable likelihood that your marriage can be

preserved?

Yes

If you answered “Yes”, then the court

will not grant a dissolution of marriage but

may grant a legal separation.

30. Is your marriage irretrievably broken?

Yes

If you answered ‘No”, then the court will

not grant a dissolution of marriage but may

grant a legal separation.

31. State any arrangements which you and your spouse have

made for the maintenance of the other party or the custody and

support of any children.

____________________________________________________________________

If you have unemancipated children,

please state any arrangements you and your

spouse have concerning the support and

custody of the children. Maintenance is what

used to be called alimony. It refers to an

amount paid by one party to the other party

for his or her support. It is not the same as

child support.

32. Is Wife pregnant?

Yes

You should answer “Yes” if Wife is

pregnant even if Husband is not the father of

this child.

33. How many living children do you and your spouse have

together that were born after the date of your marriage?

_________________

(Number of Children)

Each one of these children

should be listed in your answers to

Questions 38 through 41.

Include in this number all living children

born to Wife during this marriage as a result

of sexual intercourse with Husband including

children who are grown. Do not include

deceased children.

You must enter

a date on this

line.

You must enter

a date on this

line.

Do not answer this question “N/A” or

“Not Applicable.” You MUST enter

a number on this line.

Petition for Dissolution of Marriage – Page 6 of 12

Form CAFC001-07/01/2012 This form is available for free at www.selfrepresent.mo.gov Form CAFC001-07/01/2012 This form is available for free at www.selfrepresent.mo.gov

34. How many living children did you and your spouse adopt?

_________________

(Number of Children)

Each one of these children

should be listed in your answers to

Questions 38 through 41.

Include in this number all living children

that were (a) born to Wife and subsequently

adopted by Husband; or (b) fathered by

Husband and subsequently adopted by

Wife; or (c) adopted by both parties. Include

in this number children who are grown. Do

not include deceased children.

35. How many living children do you and your spouse have

together that were born before the date of your marriage?

_________________

(Number of Children)

Each one of these children

should be listed in your answers to

Questions 38 through 41.

Include in this number all living children

born to Wife before this marriage as a result

of sexual intercourse with Husband including

children who are grown. You should attach

a copy of the birth certificate for these

children to your petition. If Husband is not

listed as the father on the birth certificate,

additional information may be required to be

included in your petition.

36. How many living children did Wife have with someone other

than Husband that were born after the date of their marriage? (This

number includes children born since the parties separated)

_________________

(Number of Children)

Each one of these children

should be listed in your answers to

Questions 38 through 41.

Include in this number all living children

born to Wife during this marriage as a result

of sexual intercourse with a man other than

Husband including any children who are

grown. Do not include deceased children.

Information in addition to the information on

this petition will be required before the court

may proceed with your case.

37. Enter the total number of children from lines 33, 34, 35, and 36.

_________________

(Number of Children)

Each one of these children

should be listed in your answers to

Questions 38 through 41.

Add the numbers you entered on lines

33, 34, 35, and 36 above and enter the total.

NOTE: If line 37 is zero, then you may skip Questions 38 through 49 and go directly to Question

50.

INSTRUCTIONS FOR QUESTIONS 38 THROUGH 41 PERTAINING TO CHILDREN

Questions 38 through 41 each have 10 subparts lettered ‘a’ through ‘j’. These subparts are arranged vertically in two columns on

each page. Each of these two columns represents the information for one child. Question 38 pertains to the first child, Question 39

pertains to the second child, and so on.

If you answered Question 37 with ‘0’, you should skip Questions 38 through 49 and go directly to Question 50.

If you answered Question 37 with ‘1’, you should answer Question 38 for the one child you listed in your answer to

Question 37 and if the child is not emancipated, you should also answer questions 42 through 49 inclusive.

If you answered Question 37 with ‘2’, you should answer Questions 38 and 39 for the two children you listed in your

answer to Question 37. If either of the children is not emancipated, you should also answer questions 42 through 49 inclusive.

If you answered Question 37 with ‘3’, you should answer Questions 38 through 40 for the three children you listed in

your answer to Question 37. If any of the children are not emancipated, you should also answer questions 42 through 49 inclusive.

If you answered Question 37 with ‘4’, you should answer Questions 38 through 41 for the four children you listed in your

answer to Question 37. If any of the children are not emancipated, you should also answer questions 42 through 49 inclusive.

If you answered Question 37 with a number greater than ‘4’, you should answer Questions 38 through 41 for the

four children you listed in your answer to Question 37. Additionally, you should attach additional pages answering all the questions

asked in Question 38 for each child you have in addition to the children you have described in Questions 38 through 41. If any of

the children are not emancipated, you should also answer questions 42 through 49 inclusive.

You must list the children even if they are adults or if they are in someone else’s custody. You

must also list each child that was born after the date of the marriage even if Husband is not the

father of the child.

Do not answer this question “N/A” or

“Not Applicable.” You MUST enter

a number on this line.

Do not answer this question “N/A” or

“Not Applicable.” You MUST enter a

number on this line.

Do not answer this question “N/A” or

“Not Applicable.” You MUST enter

a number on this line.

Do not answer this question “N/A” or

“Not Applicable.” You MUST enter

a number on this line.

Petition for Dissolution of Marriage – Page 7 of 12

Form CAFC001-07/01/2012 This form is available for free at www.selfrepresent.mo.gov Form CAFC001-07/01/2012 This form is available for free at www.selfrepresent.mo.gov

QUESTION 38

(To be answered if the answer to question 37 is one or more)

CHILD ONE

38a. What is the full name of this child?

38b. What are the last four numbers of this child’s Social Security Number?

b. XXX-XX-

38c. What is the current address of this child?

38d. What is this child’s age?

38e. Check all of the following boxes that apply: (To be answered for each child)

This child is married or is on active duty in the military.

This child is self-supporting and the custodial parent has relinquished parental control over this child by express

or implied consent.

This child is over the age of 21, is not insolvent, and is not physically or mentally incapacitated from supporting

himself or herself.

This child is over the age of 18, has not yet reached the age of 21, is not insolvent, is not physically or mentally

incapacitated from supporting himself or herself, and one or more of the following is true:

This child is not currently enrolled in or attending high school or college.

This child graduated from high school, but has not been continuously enrolled in college since October 1

immediately following his or her graduation from high school.

This child graduated from high school and has been continuously enrolled in college since October 1

immediately following his or her graduation from high school, but has failed to complete at least 12 hours

each semester or complete at least 9 hours and work at least 15 hours per week during the same period.

(This provision does not apply to a child who has been diagnosed with a learning disability or whose physical

disability or diagnosed health problem limits the child’s ability to carry sufficient credit hours.)

If the circumstances of the child manifestly dictate, the court may waive the October 1 deadline for enrollment. “College” means any junior college,

community college, college or university at which the child attends classes regularly. As used in this form, “college” also includes any postsecondary

training or schooling for which the student is assessed a fee and attends classes regularly.

If you did not check any of the boxes in Question ‘38e’, you must answer the rest of the

information for this child on this page (parts ‘38f’ through ‘38j’) and you must also answer

questions 42 through 49 for this child. This child IS NOT emancipated and the court must make

orders with respect to custody and support of this child.

If you checked any of the boxes in Question ‘38e’, you do not need to answer the rest of the

information for this child and questions 42 through 49 do not apply to this child. This child IS

emancipated.

38f. With whom has this child primarily resided during the previous 60 days?

38g. Who should have legal custody of this child? NOTE: Legal custody refers to

who will make the decisions concerning health, education and welfare for this child. §452.375.1(2),

RSMo.

g. Wife

Husband

Joint Husband/Wife

Third Person

38h. Who should have physical custody of this child? NOTE: Physical custody

refers to where this child will reside and what time this child spends with each parent. §452.375.1(3),

RSMo.

h. Wife

Husband

Joint Husband/Wife

Third Person

38i. Who is the father of this child? If Husband is not the father of this child, you must

state the name of each person who could be the father.

i. Husband

Other (State Name(s))

____________________

38j. If this child was born prior to the marriage, is Husband listed as the

father on the birth certificate?

j. Yes

Not Applicable

Petition for Dissolution of Marriage – Page 8 of 12

Form CAFC001-07/01/2012 This form is available for free at www.selfrepresent.mo.gov Form CAFC001-07/01/2012 This form is available for free at www.selfrepresent.mo.gov

QUESTION 39

(To be answered if the answer to question 37 is two or more)

CHILD TWO

39a. What is the full name of this child?

39b. What are the last four numbers of this child’s Social Security Number?

b. XXX-XX-

39c. What is the current address of this child?

39d. What is this child’s age?

39e. Check all of the following boxes that apply: (To be answered for each child)