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Montana Divorce Laws and Why Hiring a Divorce Lawyer Makes a Difference

Have you considered filing for divorce in Montana? If so, there are a few things you should know before getting started. Even a divorce that comes about by mutual decision has the potential to turn sour at any given moment. Many times, disagreements result from one or both spouses not being completely aware of their rights. Below are some important facts regarding divorce laws in Montana that all couples considering divorce should know about before initiating any action.

 

Residency Requirements for Montana Divorce

In order to file for divorce in Montana, at least one of the parties must be a resident or stationed in the state for 90 days prior to initiating the action..

 

Legal Grounds for Divorce in Montana

Montana is a no-fault divorce state, which means that all spouses need to do is cite irreconcilable differences as grounds for divorce. However, this isn’t the easiest thing in the world to do. The court has to determine a) that the couple have lived separate and apart for over  180 days prior to filing for divorce; or b) there is serious marital discord that adversely affects the marriage. While some may think no-fault divorces are easier, these stipulations might render it difficult for some spouses to be granted their petition for dissolution.

 

Property Division

Montana is an equitable distribution state, which means that property will be divided in an equitable manner and without regard to marital misconduct.  Several factors will be taken into account when distributing property, such as the duration of the marriage, occupation and income of both parties, and the value of the assets to each party.

Spousal Support

Spousal support in Montana may be awarded to either spouse, but only if the court finds that the spouse requesting alimony lacks the means to provide for themselves or  is the custodian of a child whose conditions render it impossible for the party to seek employment outside the care of the child.

Seeking Legal Help

If you are confused by these laws, don’t worry, you are not alone. This is just the surface of the many laws governing divorce proceedings in Montana. At any point during the case, if one small mistake is recorded, a party may lose their right to assets or alimony. For this reason, it is wise to hire a top divorce attorney in Montana to help ensure each party’s rights are protected.

Montana divorce lawyers handle all paperwork, court appearances and mediations and work diligently so your case will resolve quickly and with the best possible outcome. Contact one of our featured attorneys in the state today to schedule a consultation and discuss the options you have available regarding your case.