Montana Divorce Tips

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Divorce can be a life-changing decision for an individual. For some people it comes as a blessing; but in other cases, it proves to be a curse. So, whatever decision you take, you should think time and again. Wherever you stay, you have to either suffer or enjoy the effects of a divorce. This is same for couples who are filing for a divorce case or undergoing one in Montana. The divorce rate in Montana is above 4 per 1000 people. Before taking the final call, read these Montana divorce tips that are prepared in accordance with the Montana divorce laws.

Some important Montana Divorce Tips

• Residency requirements are to be considered once you decide to file for a case in Montana. Any one of the spouses should be a resident of the state at least for 3 months prior to the filing of the case. Military members who are stationed in Montana need to follow the same rule.

• There are 3 different grounds for divorce which are accepted by Montana law. A divorce is granted if there is an irretrievable breakdown of marriage or if the couple have been living separate and apart from each other for 6 months before filing for the case. The third ground relates to serious marital discord that adversely affects the attitude of one spouse or both the spouses towards their marriage.

• Montana divorce tips also illustrate the point of grandparent's visitation rights. Section 40-9-102 is dedicated to Grandparent-grandchild contact. Under this section, a person is not supposed to file a petition in the court more than once every 2 years, except when a considerable alteration has occurred in the circumstances of the following:
  • The child
  • The child's grandparent
  • The child's custodian, guardian or parent

• Under section 40-9-101 and 40-9-102, the initial pleading in all proceedings is called as a Petition. A responsive pleading is termed as a Response. Any other pleadings are called as the Montana Rules of Civil Procedure.

• A caretaker or guardian, who is not the mother or father of a child, cannot be coerced to support the child or held responsible for the expenditure of the child. However, such a caretaker or guardian can voluntarily accede in writing some responsibility regarding these expenses.

• The below mentioned 3 obligations are viewed independent of each other by the court:
  • Medical care of a child
  • Financial child support
  • Visitation and custody arrangements

  If there is inability or failure to satisfy one or more of these, it does not decrease the obligation of the remaining issues.

• The obligation of a parent to offer medical care for a child terminates only when the obligation of such a parent towards child support ceases as per law.

• Sometimes, an employer or a union or any other group may provide a health benefit plan. In this case, the medical support order should comprise of provisions essential to entitle the order to be acknowledged as a qualified medical child support order.

• The medical support order must comprise of the following:
  • All medical expenditures for the child that are not covered by individual insurance
  • Any co-payments and deductibles needed under the coverage
  • Cost of individual insurance or the health benefit plan

  The child support guidelines must be adhered to while sharing the plan between the parents. If each parent's share is not specified in the order, then, 50 percent of the expenses and costs are attributed to each parent.

• A person or agency other than the parent is called as a third-party custodian in the following circumstances:
  • Due to the inability, failure or neglect of the parent to provide for the support, medical care or other needs of the child, this person or agency has the actual physical custody of the child.
  • The parent or parents having legal custody of the child have offered a written consent that this person or agency should be offered actual physical custody of the child.
  • Legal process has authorized this person or agency, the physical custody of the child.

• If a hearing is executed under section 40-5-703, only the following issues may be discussed:
  • Whether the obligor has failed to comply with a warrant or subpoena?
  • Whether the obligor has entered into a payment plan?
  • Whether there is an existence of a delinquency?
  • What is the amount of support debt or support obligation?

Montana divorce tips highlight the common issues that may trouble your case. It is advised to consult an advocate for specific problems, find solutions accordingly and accept the facts gradually.

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