Montana Divorce Procedures

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The decision to divorce is tough and personal. A lot many reasons like lack of communication, adultery, physical abuse, drug addiction, insanity, financial matters, etc. contribute to the breaking of a marriage. Many psychologists say that when the intensity of negativity is extreme between the spouses, they choose to split. They lose trust and respect for each other and their quarrels may cover everything from trivial issues like choosing TV channels to big issues like adultery. However, when one decides to split from his/ her spouse and go for a divorce, he/ she needs to follow legal processes. That is why divorce laws are formed in every nation of the world. Montana in the Western United States, has its own statue pertaining to divorce and separating couples have to follow Montana divorce procedures if they want to split legally in this state.

Divorce is technically known as 'dissolution of marriage' in Montana. The divorcing partner officially commences the divorce process by filing the divorce petition. This petition can be prepared by the local divorce attorney. Simultaneously, this attorney can also draft the motion for temporary orders. Some of the contents of the petition are information about marriage of the parties, residence details of each party and children of the marriage.

Montana Divorce Procedures

After the petition has been filed it is served to the Respondent. From the date the petition is served, the Respondent is offered 30 days to submit an Answer in the court. Consider that the Respondent has failed to file an Answer. Then, the divorce court forms an opinion that the Respondent accedes with the divorce petition and grants the requests of the Petitioner. Also, the Respondent loses his or her rights to contest topics like distribution of property or child custody during divorce, if they fail to file an answer.

When an Answer is filed, it is an acknowledgement of the filing and receipt of the petition. An Answer is a response to the points noted down in the petition. Through the Answer, the Respondent may agree or oppose the requests of the Petitioner. It is also possible that the Respondent accedes with the Petitioner regarding some points and disagrees regarding others.

Consider that a Respondent has agreed with all terms of the divorce in the Answer. In such a case, the Petitioner may advance with an uncontested divorce. It is advisable that the Respondent takes the assistance of a local divorce lawyer while drafting the Answer as the Respondent would get exposed to the divorce laws in the county and the divorce procedures that can affect the process of divorce.

Temporary orders in Montana Divorce Procedure

While the divorce procedure is in progress, it is likely that the court issues temporary orders with the following intents:

• Covering the children's requirements
• Offering help to a partner who does not have an income source
• Ensure that the household bills are being paid
• Preservation of the marital property

Until the divorce procedure is pending, the temporary orders are applicable. When the divorce petition is finalized, the temporary orders dissolve.

Temporary orders regarding harassment

Some divorcing partners create problems to their spouses. Such harassed spouses can resort to temporary orders to restrict the partner from establishing contact with them. Using these temporary orders, one partner can also coerce the other to pay some bills. In case the misconduct of one partner has left the other partner with no option but to apply for temporary orders, the other partner is entitled to an award in the form of divorce lawyers' fees.

Process of Discovery

During this divorce procedure, the divorcing partners collect the details of the other partner regarding the following issues:

• Extramarital affairs
• Fitness for child custody
• Income
• Assets
• Other issues relevant to the divorce

Many cases in Montana are not contested divorces where the divorcing partners provide one another essential data as specified by the rules of procedure. Sometimes it happens that one of the divorcing partners does not divulge relevant information. In such a situation, the divorce lawyer can obtain orders from the court that force the partner to reveal the data. Additionally, this partner has to disburse the fees of the divorce lawyer for obtaining the court orders.

It is imperative that divorcing partners understand Montana divorce procedures and laws in order to ensure a good post-divorce life for themselves. Often a divorce leaves scars on all the family members, especially children. To avoid such situations, make sure that you obtain divorce in a proper way by following the legal processes.

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