Essential Things to Know About Getting a Divorce in Montana
The Treasure State, as it is fondly called, is home to over a million people, with over two hundred and twenty thousand of them being married couples. But while there are more weddings than divorces in Montana, there is hope for the divorce rate to go down further in the coming years, as it affects children the most.
Those that do need legal assistance in such cases must hire an expert divorce attorney Montana to navigate tricky waters that it can lead to. They have unmatched knowledge of the local courts, opposition tactics, and timelines of specific cases, enabling them to judge the outcome and strategize likewise.
The following points outline how these Montana legal experts can help, besides elaborating on the vital aspects of legal separation in the state.
Understand the grounds for divorce
A contested divorce in Montana is one where the parties cannot agree on one or more issues. For example, if you and your spouse cannot agree on custody of the children, this is a contested issue. Contested divorces can be expensive and time-consuming because they require court hearings.
In contrast, an uncontested divorce occurs when all issues are resolved between both spouses before filing for legal separation. An uncontested separation in Montana typically takes less time and money than a contested one because there is no need for hearings or trials in courtrooms. On average, it can be done in over a hundred days.
What happens when children are involved
The Montana court system utilizes parenting plans to decide who gets custody of underaged children in a case. The decision includes determining who will be responsible for crucial decisions and ensuring financial care for the kids. Even these aspects can be contested, depending on whether both parties agree to share custody or contest solo parenting.
Invariably, shared parenting is possible in Montana for some folks, especially those filing for an uncontested divorce who can work out what’s best for their offspring.
How to file
To get a divorce in Montana, first, you must file a Joint Petition for Dissolution in the proper district court that has jurisdiction over all matters related to your marriage. In addition to filing this petition, you will need to submit a copy or written marital settlement agreement, a vital document that details property distribution.
You must also submit separate forms declaring income and expenses, enabling the courts to judge which parent is financially more sound to care for the minors involved. A Vital Statistics form should also be filled out and submitted along with the others.
Why you should hire an attorney
Divorce can often be complicated and emotionally draining, even when it is uncontested, so hiring a capable and experienced divorce attorney in Montana helps immensely. They can effortlessly navigate Montana’s legal system, which comprises fifty-six district courts and determine the correct one to approach for a case.
They can help get through everything from filing paperwork and serving summonses on your spouse to getting custody orders enforced so that there won’t be any problems once everything has been finalized. Finally, it is best to select an attorney with experience in Montana divorce law who can help you navigate custody battles and other disagreements.