Either you or your spouse must be a resident of Montana for at least 90 days immediately preceding the filing of a petition for divorce. The legal divorce process begins when one spouse files the papers for dissolution of marriage in a county where either of the spouses resides.
The only ground upon which to obtain a divorce in Montana is based on irretrievable breakdown of the marriage. In Montana, the court equitably apportions property and assets belonging to either spouse or both spouses between the parties. In deciding how to divide the property owned by divorcing couples, judges will consider a number of factors, including:
In dividing separate property, which is property acquired prior to marriage, gifts and inheritance, the court will consider the contributions of the other spouse to the marriage, including:
The court may protect and promote the best interests of the children by setting aside a portion of the jointly and separately held property of each spouse in a separate fund or trust for the support, maintenance, education and general welfare of any minor, dependent or incompetent children of the parents.
It is important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth and details such as account numbers, serial numbers and so forth. Collecting this information before you see a Montana divorce lawyer can save you a lot of time and money. A court can order alimony or maintenance to either party in Montana, but only if it finds that the spouse seeking maintenance lacks sufficient property to provide for his or her reasonable needs and is unable to support himself or herself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
The amount and length of the maintenance order is determined by the court, without regard to marital misconduct and after considering all relevant facts including:
A court can order temporary maintenance while the divorce is pending. Most maintenance is ordered for a specific length of time. In Montana, the court will determine the parenting plan and child custody in accordance with the best interests of the child. The court considers all relevant parenting factors, which may include the following:
The court may change or modify custody, visitation and parenting time when a material change of circumstances is shown. In Montana, the court will order either or both parents owing a duty of support to a child to pay an amount reasonable or necessary for the child's support, without regard to marital misconduct. The court considers all relevant factors, including:
The court will use the Montana child support guidelines even where the parties have entered into an agreement regarding the support amount. The amount determined under the guidelines is presumed to be an adequate and reasonable support award, unless the court finds by clear and convincing evidence that the application of the standards and guidelines is unjust to the child or to any of the parties or that it is inappropriate in a particular case.
Residency Requirements and Grounds for Divorce
Dividing the Property
Alimony
Child Custody and Visitation
Child Support
Related Web Links:
- Montana Divorce Forms
- Montana Child Support Enforcement
- Montana Family Law
- Montana Child Support Guidelines
- Montana State Profile
- Family Law: Selecting a Good Lawyer
- Divorce - General message board for more help
estoppel by judgment barring the relitigation of issues litigated by the same parties on a different cause of action
More Legal News