Divorce laws vary from state to state. Representing yourself in your divorce can be complicated and stressful. Before you make a decision that will affect your entire life, it is crucial to get information about the process. Then you will be able to make good choices based on research and expert advice. At any point during your divorce, reach out to us at S. DeBoer for help.
The Montana Divorce Process
In Montana, the divorce process is called “the dissolution of marriage” and starts with the filing of a petition, which serves as the legal paperwork that requests the divorce. It lists the parties, the petitioner (or the person requesting the divorce), and the respondent (the spouse).
At least one spouse must request the divorce, which cannot be contested by the other. Additionally, one party must be a Montana resident for at least 90 days to file for divorce in the state. The parties must have been separated for six months before filing a divorce petition, or one of the parties must allege significant martial difficulties that impede any possibility of reconciliation.
The divorce process can take anywhere from a month to a year before finalization. It can take longer if complicating factors are involved, such as children or temporary filings such as restraining orders to handle. Divorce can also be more complicated if the parties find it difficult to work together for the common good of the family, instead of sabotaging efforts to communicate with one another.
In these cases, mediation can be a saving grace to the process. Mediation is a voluntary process wherein both parties attempt to find a compromise. In some cases, your attorney can be your mediator if they have the skills and training to do so. The point is that a neutral third party should be able to help you recognize the importance of reaching an agreement with as little discord and drama as possible.
Montana is a no-fault state, meaning no grounds for divorce other than irreconcilable differences need establishing. Blame is never assessed when you divorce in Montana. It is also an equitable asset state where both parties split property fairly.
It is of benefit to each party to compose a custody and property agreement to present to the judge that proposes where a child will live, what assets are split, and what kind of child or spousal support will be appropriate. Debts must also be considered and split between parties.
For The Best Legal Assistance, Trust S. DeBoer
Finding the right lawyer to assist you during these stressful times can be difficult. Always look for an attorney that listens to you and fits your style. Choose a lawyer that you are comfortable discussing your marriage with and that has a good record of resolving cases amicably.
S. DeBoer, Attorney At Law, has over a decade of experience helping Montanans with their family legal matters. Reach out today to schedule a free, no-obligation consultation to get all the legal advice you need at this time. We are here to ease your mind, help with all the complicated forms and legalese, and support a fair, quick dissolution of marriage for you and your spouse. Contact us today.