Montana Divorce Lawyers
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When a couple is getting divorced there are several issues that they need to take care of before they proceed with the divorce. The person thinking about getting a divorce should first get information about the waiting period, separation period, and residency requirements of the state. One can also get information about the divorce laws from the divorce lawyer that they choose from the Montana divorce lawyers suggested by their friends
Grounds of divorce that are managed by Montana divorce lawyers
As per the law in this state, dissolution of marriage is possible only if the following factors are satisfied.
- Irretrievable breakdown of the marriage
- Grave marital dissension due to which the outlook of both partners towards the marriage is adversely affected
- No possibility of reconciliation
- Before the date of filing, the partners must be residing apart and separate for 180 days
In this state, there is permission for joint petition for divorce. If both spouses file such a petition, they are referred to as "co-petitioners". Also, settlement or separation agreements are particularly authorized by law.
Divorce Laws
- After filing a petition for divorce, the female spouse can restore her maiden name
- The distribution of property should be equitable. The factors to be considered are as follows -
- Skills and expertise of both partners
- Occupation
- Reason for divorce
- Health
- Age
- Duration of marriage
- 2 most vital documents as per Montana Law are -
- Decree of Dissolution of Marriage
- Petition for Dissolution of Marriage
- Some other documents of considerable significance are -
- Notice of entry of final decree
- Request for hearing and order
- Debts, income and expenses
- Final declaration of disclosure of assets
- Marital settlement agreement
- The residency requirements of this state are that before filing the petition for divorce one of the spouses must be a permanent resident of the state
- The percentage of income formula is used to determine child support amount. As per the law, the support obligation is calculated as a percentage of income of the non-custodial parent
- While deciding on child custody, the court takes into account all possible measures to safeguard the children from emotional trauma. When the parents cannot reach any decision on this issue, the court gives its decision considering the following factors -
- Physical health of the parents
- Mental wellbeing
- Financial status of the parents
- Wish of the child's parents
- Wish of the child regarding which parent to reside with
- While granting alimony or spousal support, the following factors are considered -
- Age
- Duration of marriage
- Standard of living during marriage
- Duration required to get proper employment
- Financial condition of the spouses
- When both the partners fail to reach an agreement, the court can think of pursuing this case for further hearing after not less than 30 days and not more than 60 days. The divorce court reserves the right to recommend counseling and mediation.
Grounds for annulment in the state
- Physical disability of one spouse
- If a person marries a close relative, the annulment laws in the state prohibit marriages between brother and sister, uncle and niece, father and daughter, and mother and son
- Getting married to two or more than two persons without divorcing the first person
- If one spouse is insane and this factor is adversely affecting the married life
- If the spouse has misrepresented herself or himself or a person has been cheated in marriage
Things to do before meeting a divorce lawyers
- Go through online divorce websites and read as much information as you can about divorce and other related issues such as alimony, property distribution, child custody, visitation rights, and child support
- Once you have read enough about divorce, you can jot down points that you have not understood about divorce
- Get information about best divorce lawyers in Montana from your close relative or friends and set an appointment with them
- Discuss you divorce case with the lawyers and sort out your queries
- The divorce lawyer is able to understand your divorce case completely and would be able to represent you during the divorce trials, choose such a lawyer
- Make sure you also discuss the lawyer's fees and make sure they are as per the standards of the divorce lawyers fees in your state
The divorce process is not easy to understand. Hence, one may need the guidance of knowledgeable divorce lawyer. The Montana divorce lawyers with several years of work experience would have great deal of knowledge, but it is vital to choose a lawyer who understands your divorce case.
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