Montana Divorce Laws

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Montana divorce laws guide the divorce procedure in the state. They provide legal guidance for governing the case according to the laws established by the federal government. According to the Montana divorce laws, the residency requirements for a divorce in Montana is of ninety days that counts to approximately three months. A person applying for a divorce have to accomplish with these conditions as the divorce case will not be entertained unless the proof about the residence is submitted in the court.

Montana Divorce Laws regarding Child Custody

Child custody is one of the major issues related to a divorce process. If the minor children are involved in the case, the matter becomes quite complicated. Preferably, the issue should be solved between the partners by having mutual discussion. But, if the parents fail to find a satisfactory solution over the problem, the court will take a a decision related to the child custody. Some of the factors the Court considers, while finalizing the parenting plan in the best interests of the child, are as follows :

• Chemical abuse or chemical dependency caused by any parent.
• Threat of physical abuse or actual physical abuse by one partner against the child or the other partner.
• The physical and mental health of all people involved with the child.
• The adjustment of the child in community, in school and at home.
• The child's relation and interaction with the parents, siblings and any other individual, who considerably affects the interest of the child.
• The desires of the child.
• The desires of the parents.
• If a parent has purposely failed to support the child economically then it is not advisable to let the child stay with that parent as it won't be in the best interest of the child.
• Developmental requirements of the child.
• Stability and continuity of care.
• Whether annoying and continuous parenting plan change actions are having adverse effects on the child.
• The Court is of the opinion that it is in the best interests of the child to have continued and frequent contacts with both parents, except when the Court reaches a conclusion that contact with a particular parent is harmful to the child. Before reaching such a conclusion, the Court needs proof of threat of physical abuse or actual physical abuse by one partner against another partner or the child, inclusive of but not confined to whether any individual staying with the parent or the parent has been convicted of some crime listed in 40-4-219(8)(b).

Montana Divorce Laws regarding alimony

Alimony is defined as a spousal maintenance in legal terms. It is a legal right of the partner to request alimony from the other partner who is financially stable than him or her. When the Court observes that the partner requesting alimony :

• Does not have enough property to fulfill the reasonable requirements.
• Cannot support self by means of proper job.
• Is the custodian of a child whose state does not make it fitting that the custodian should search employment outside the residence.

then, the Court may award alimony to such a partner.

While deciding the duration and amount of alimony, the Court does not pay attention to marital misconduct and considers the following issues -

• The capacity of the partner from whom alimony is requested to fulfill the self requirements and the requirements of the partner requesting maintenance.
• The emotional state, physical condition and age of the partner requesting alimony.
• The period of marital life.
• The standard of living reached during marital life.
• The period essential to attain enough training or education by the partner requesting maintenance to acquire apt job.
• The economical sources of the partner requesting for alimony inclusive of marital property.

If the issue of alimony is solved within the partners and counselors, the court may judge it in detail and later approve it by ensuring that justice is given to both the parties. If the matter remains unsolved between the partners, the court would take some steps and come to a conclusive decision. The payment of alimony should be stopped if the partner marries again. If the second marriage results in divorce, the alimony can be requested to be continued again as before.

Name of wife

In case a wife, whose marriage has been declared invalid or has been dissolved, requests for restoration of her name to her former name or her maiden name, then the Court issues the essential orders regarding it. So, this is the overall structure of the divorce laws in Montana. These laws have to be followed by every applicant residing and filing for a divorce in this state.

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