Montana No Fault Divorce

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Every marriage is not proven to be a successful experience for every person. Therefore, many spouses may end up going for legal separation from their respective partners. In few of the cases, both the spouses reach to a common agreement to decide on major issues such as fair partition of all joint assets and belongings after their separation, child related issues like child custody or child support and likewise. This simple separation process can be commonly termed as no fault cases. Many states in the United States accept only no fault grounds while granting divorce to the interested spouses. Similarly, Montana is a pure no fault states where spouses are legally allowed to be separated only after reporting valid grounds through relevant documentation. There is a consensus regarding the fact that if a process is an uncontested and no fault one, then the permission can be quickly obtained by the interested parties. In legal terms, divorce can be procured within twenty days from the date the legal papers are served in the court house. However, practically the process requires about thirty days. If the divorcing couple is actually interested to determine the estimated duration for obtaining a separation from respective partner, then it is advisable to take the assistance of an attorney. Before filing a petition in the court, you should be known with all basic necessities and legal formalities to be followed in Montana state. Here are some relevant information related to Montana no fault divorce:

Grounds of Montana No Fault Divorce

In order to file a no fault case in the Montana court, one should mention appropriate grounds for the case, which is the primary requirement. There are actually two major grounds valid in this state:

• Serious marital discord: If there is existence of some serious marital issue between both the spouses, which might change the mentality of either of two partners towards their marriage, such situations are taken into account during the process.
• Absence of reasonable possibility of reconciliation.

The law states that before the filing date, the divorcing partners must have resided apart for at least 180 days. This separation period is necessarily considered before initializing the legal proceedings associated with the no fault cases.

Residency requirements for Montana No Fault Divorce

In order to obtain no fault divorce in Montana, you must fulfill one very important criteria specified by this state. As per this criteria either of two divorcing partners should have stayed in this state for at least ninety days prior to the filing date in the court house. The venue or court house is also required to be located in the same county where either of two partners satisfies the residency criteria.

The issue of Child Custody

The divorcing parents have the freedom to file a parenting plan in the court. This plan includes specific guidelines related to the upbringing of the children, and the responsibilities and rights of the parents regarding the same. The principle is that both the parents contribute towards the crucial decisions pertaining to their child.

It may happen that the parents fail to develop a parenting plan in few of the cases. In such circumstances, the court resolves this issue considering the best interests of the children. Some of the factors considered by the court while making a decision regarding child custody are:

• Developmental requirements of the child such as, educational fees, traveling fares, involvement in some extracurricular activities and likewise.
• Physical and mental health of all the people affiliated with the children.
• The enormous impact on child's social life. For example, the adjustment of the children to the community, school and home.
• The bond between the parents and the child as well as with other siblings.
• If the child is mature enough, then the desires of the child.
• The desires of the child's parents.

Use of Mediation

Sometimes there are disputes between the divorcing partners regarding the plans to be followed after divorce. In such a case, the court recommends that such partners should undergo mediation. The divorcing partners can easily obtain useful and fair solution to all their marital issues with the help of the third party.

Guidelines for Child Support

While calculating the amount for child support, the total income of both the divorcing parents and the expenditure related to the child is considered. This amount of child support is given till the children finish their high school or attains the maturity. Under special circumstances, the court or the parties may pass an agreement as per which, the duration of child support may be extended even if the above mentioned conditions are fulfilled.

Montana no fault divorce entails various crucial issues that are sorted out with the help of specific laws and rights defined for the state. Perhaps the above mentioned points can significantly provide assistance during your separation phase.

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