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The divorce resources listed below provide helpful information about a range of important topics, all provided by experts and other knowledgeable individuals. Topics include all things legal and financial, health and body, and more lighthearted content like makeup how-tos, music recommendations, and recipes.

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MONTANA DIVORCE LAWS:

The Residency Requirement: One of the parties must be a resident of Montana for 90 days immediately prior to filing.

Grounds: No fault: Serious marital discord that affects the attitude of one or both parties toward the married, supported by evidence that the parties have lived separate and apart for 180 days.

Property Division: Montana is an equitable distribution “hotchpot” state. This means the court can divide any and all property owned by the parties, however and whenever acquired, in an “equitable” manner, i.e., fairly, as the circumstances dictate. The court may consider:

  • The length of the marriage
  • The age, health, station, occupation of the parties
  • The amount and sources of income
  • The contributions of a spouse as a homemaker or to the family unit
  • Vocational skills
  • Employability
  • Assets and liabilities
  • The needs of each party
  • The opportunity for future acquisition of capital assets and income
  • The contribution of each party to the marital and separate estates

(click the following for an expert's overview and key tips on dividing up property through divorce).

Alimony: Either spouse may be awarded maintenance if that spouse can show an inability to support himself or herself and there is a lack of sufficient property to provide for his or her own needs; or that the spouse seeking support is the custodian of the parties’ minor child(ren) and it would be appropriate for the custodian not to seek outside employment.  The award is made without regard to marital fault.

 

Child custody and support: As in every state, child custody is based on “the best interests of the child.” In Montana many factors are considered, including the following:

  • The wishes of the parent or parents
  • The wishes of the child
  • The relationship of the child with the parents, siblings, and any other person who significantly affects the child
  • The mental and physical health of all individuals involved
  • he developmental needs of the child;
  • Any physical abuse or threat of physical abuse by one parent against the other or the child;
  • Chemical dependency or chemical abuse on the part of either parent;

Montana child-support guidelines use a complicated formula of net income, the time the child spends with each parent, as well as other expenses, and sets aside a “self-reserve” for each parent.

To help you figure child support in your case, you can get the forms at: http://www.dphhs.mt.gov/csed/packet/guidelines.shtml

(click the following for an expert's overview and list of articles on child custody and child support).

Disclaimer: The information supplied above is for "educational purposes only" and is not intended to be used as legal advice.

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  • Comment Link tammyd Sunday, 28 November 2010 19:40 posted by tammyd

    questions concerning divorce: Dear First Wives World,

    My husband and I are currently separated and have been for almost a year. Our separation is rare and not the social norm. We are cordial and speak to each other weekly. He has supported me and our son diligently for the last year despite no support agreement being in place. He has agreed to pay off all martial debts, he has agreed to pay $400 in child support per month and makes the payments on the vehicle I drive. He pays for all transportation of our son as my husband lives out of state. He also from time to time helps me with big ticket money items like car registration. I like the arrangement we have and I am not on public assistance. Does the state of Montana have the right to interfere in our dissolution? How free are we to decide what our divorce will look like?