Montana has following divorce laws:
Residency
It is important that the spouses should meet the residency requirements as per Montana divorce laws. Residency requirements of Montana require either one of the spouses to be a permanent resident of state before filing the petition for divorce.
Documents Required for Filing Divorce
Under Montana divorce laws, two most important documents are:
- Petition for Dissolution of Marriage
- Decree of Dissolution of Marriage
Apart from these some of the other documents include:
- Marital Settlement Agreement
- Final Declaration of Disclosure of Assets
- Debts, Income and Expenses
- Request for Hearing and Order
- Notice of Entry of Final Decree
Distribution of Property
Property, according to Montana divorce laws, is distributed equitably between the two spouses. The key considerations are
- The duration of marriage
- Age
- Health
- Reason for divorce
- Occupation
- Skills and expertise of both the parties etc.
Change of Name or Restoration of Name
The female spouse can restore her median name upon a request, after filing a petition for divorce.
Mediation Counseling
If both the parties can not come to an agreement, the court shall consider continuing the matter for further hearing not fewer than 30 or more than 60 days later. The divorce court may suggest
mediation and counseling.
Alimony
The Court awards alimony from case to case, considering several reasons such as:
- The financial status of the partners
- Time needed to find proper employment
- Standard of living during marriage
- Duration of marriage
- Age
Child Custody
Child custody is a critical decision the divorce court has to make. The court considers every aspect to protect the child from the emotional trauma. If both the parties are unable to mediate on this issue than the court makes its own decision considering:
- Whom the child wishes to stay with
- The wish of the child’s parents
- Their financial status
- Mental wellbeing
- Physical health of the parents
Child Support
Montana divorce laws support guidelines of Percentage of Income formula for determining child support amount. It calculates the support obligation as a percentage of the income of the non-custodial parent who is obligated to support the child.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information of your state.
