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Montana is a "no-fault" divorce state, which means that neither spouse needs to prove fault or blame to obtain a divorce. The only ground for divorce in Montana is the irretrievable breakdown of the marriage, meaning that the marriage is beyond repair. Attorney Paul Moses has handled countless divorce cases and would be happy to discuss your case and questions. Call us at 406.630.3032.
In order to seek a divorce in Montana, you must have lived in Montana for at least 90 days before filing or be a member of the military stationed in Montana while a member of the armed services.
Yes, Montana law allows for legal separation. It is a court-recognized status where spouses live apart but remain legally married. Legal separation can address similar issues to divorce, such as property division and child custody. We have a whole FAQ dedicated just to legal separation in Montana.
The divorce process typically involves the following steps: filing a petition for divorce, serving the other spouse, completing financial disclosures, negotiating a settlement agreement, attending mediation if required, attending court hearings if necessary, and obtaining the final divorce decree. Although many of these forms are made available online, filing for and proceeding with a divorce is a highly technical area of law. So while you are not required to have an attorney, it is highly recommended to seek experienced legal representation in all family law matters.
The time it takes to finalize a divorce in Montana varies depending on the complexity of the case, court caseload, and other factors. Typically, we advise our clients to expect about six to nine months from filing to final decree (all things being equal).
No, Montana is not a community property state. It follows the principle of equitable distribution, which means that marital property is divided fairly although not necessarily equally.
Montana follows the principle of equitable distribution, which means that marital property is divided in a fair and equitable manner. However, fair does not always mean an equal 50/50 split. The court considers various factors, including each spouse's contributions, the duration of the marriage, and the economic circumstances of each party.
Yes, Montana law allows for spousal support, also known as maintenance. The court considers factors such as the length of the marriage, the standard of living during the marriage, each spouse's financial resources, and the needs of the recipient spouse when determining whether to award alimony and the amount.
Child custody is determined based on the best interests of the child. Montana encourages joint custody arrangements if it's in the child's best interests. Child support is calculated using the Montana Child Support Guidelines, which take into account factors such as the parents' incomes, the number of children, and any special needs.
Yes, prenuptial agreements (also called premarital agreements) are generally enforceable in Montana. However, they must meet certain criteria to be valid, such as being in writing, being voluntarily signed by both parties, and being entered into without any signs of coercion or fraud.
No, but you can do your own brain surgery, too. In either instance, the results will be the same: bloody and irreversible. So while you are not required to have an attorney, it is highly recommended to seek experienced legal representation if you have questions about or are interested in filing for divorce.
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