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- What are the grounds for a dissolution of marriage?
- Are there any residency requirements in order to obtain a dissolution of marriage?
- After the dissolution case is filed, how long does it take to get the divorce?
- Is a court appearance required to obtain a dissolution of marriage?
- What about the divorce kits and preprinted forms that are floating around?
- Does Montana follow the community property rules?
- Under what circumstances will the court award alimony?
- If I am common law married, can I be common law divorced?
- How do I choose a family law attorney?
- How does custody and visitation get resolved?
- Are there guidelines to determine child support?
- What is medical support?
- What are the grounds for a dissolution of marriage?
In Montana, a dissolution of marriage can be granted if the court finds there to be "irreconcilable differences" that have cause an “irretrievable breakdown” of the marriage. In effect, this means that if a married person wishes to terminate the marriage, he/she can do so, even if the other spouse disagrees.
- Are there any residency requirements in order to obtain a dissolution of marriage?
In order to qualify for a dissolution of marriage, one of the spouses has to have been a resident of the state for at least 90 days before the entry of a decree of dissolution.
- After the dissolution case is filed, how long does it take to get the divorce?
The time that it takes to obtain a decree of dissolution of marriage depends upon the nature of the case. In the case of a summary divorce, or one that is uncontested, a decree may be obtained not less than twenty-days after the petition for dissolution is served. A summary dissolution of marriage can be obtained within 6-8 weeks. Some cases never seem to end.
- Is a court appearance required to obtain a dissolution of marriage?
A dissolution of marriage can only be obtained in the district court. The appearance of at least one of the parties, usually the petitioner, is required to obtain a decree of dissolution. The appearance of both parties is generally required in a joint petition case.
- What about the divorce papers and preprinted forms that are floating around?
No two marriages are alike and it is hard to conceive of a form that would satisfactorily dissolve the marriage a all persons.
Family law is a complex area of the law which is not well served by simplistic forms that do not address all of the issues and areas that need to be addressed in a case. The lasting effects of decisions made in haste, without proper advice, shows the folly in the use of such forms.
At flatheadlaw.com, we suggest that you seek legal advice and counsel of a licensed attorney if you wish to seek or are considering a dissolution of your marriage.
Montana law provides for the summary dissolution of marriage that you may wish to review.
- Does Montana follow the community property rules?
Montana does not adhere to the strict concept of community property and most property held by married couples in Montana is considered either marital property or separate property.
Generally speaking, marital property is all property acquired during marriage other than by gift or inheritance. Separate property is that property acquired through gifts or inheritance of that property which is individually held at the time of a marriage.
In Montana, the district court has the discretion to divide both marital property and separate property in order to establish an equitable division of property.
The facts of each case are different, however, and the legal concepts such as commingling and contribution, can make the division of property between divorcing couples much more complicated.
- Under what circumstances will the court award alimony?
The term “alimony” is antiquated and not used in Montana. Rather, the obligation of spousal support may be required under a court order for spousal maintenance. The amount and duration of alimony depends on several factors which should be reviewed with your attorney.
Spousal maintenance may be either temporary or permanent. But maintenance is generally disfavored in Montana, where the preference is to address the needs of each spouse in the property settlement arrangements.
Spousal maintenance is more commonly awarded for a term of years, either as an offset in the property distribution or for rehabilitative purposes (providing a spouse with support while they obtain a trade or complete an education).
In limited circumstance, due perhaps to health or advanced age, the support award may be permanent.
- If I am common law married, can I be common law divorced?
There is no such thing as a common law divorce. If you have held yourselves out to be married, you need to consider whether other persons in the community would look to you to pay the obligations of your spouse. You may also have other marital obligations, taxes and debts, that need to be addressed. The best way to end a common law marriage is to obtain a dissolution of marriage.
- How do I choose a family law attorney?
It is not unusual to hear people suggest that a good attorney should be like an attack dog, mean nasty and brutish. After all, you want the “other side to pay,” don’t you?
The problem with this approach is that most attorneys are not selectively nice to you and mean to the other party. They are either respectful of all people or disrespectful of all people.
What you should seek in a family law matter is an attorney with honesty, integrity, and who can get the process done as soon as possible so you can get on with your life.
Look for an attorney you can trust; one that you can get along with; and one who is conscientious about getting work accomplished on time.
- How does custody and visitation get resolved?
In Montana, the terms "custody" and "visitation" no longer appear in the codes governing dissolutions. Although the terms remain in common use.
Montana law provides that when the parent has demonstrated a timely commitment to the responsibilities owed to a child, it is in the best interests of a child to maintain a relationship. Only when a parent’s conduct endangers a child's physical health or the child's emotional development significantly impaired should the courts intervene.
Montana law requires that parents develop parenting plans that take into account how parenting will continue after the dissolution of marriage. Parenting plans can be simply stated or tightly worded depending on the needs of each situation. The changing needs of children and the ability to share parenting outside the marriage will generally determine the scope and breadth of the parenting plan.
- Are there guidelines to determine child support?
Montana has guidelines to determine child support based upon the total income of both parents. Daycare, insurance, and medical costs and travel expenses, if they exist, are included in the computation. The guidelines allocate the amounts to be paid by each parent, taking into account financial resources of the parents and children, the children's needs.
Child support continues until a child is emancipated or graduates from high school, but no later than the child's 19th birthday, unless the parties agree, or the court orders otherwise.
- What is medical support?
Montana law requires that in every decree of dissolution of marriage (divorce) address health insurance coverage for the children in a medical support order. Medical insurance, if reasonably available, must be maintained or obtained for the benefit of the children even after a dissolution of marriage. Whether or not insurance is available, the medical support order will establish the obligation of either parent to pay the debt.
When both parents have insurance available to them, the coverage should be provided by both parents.
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