Divorce Law in Butte, MT

Facing a divorce in Butte can feel like navigating a tumultuous sea of emotions. It’s a period where understanding your rights and options is vital to the next phase of life.

Legal guidance during this time becomes not just helpful but essential. A seasoned attorney can illuminate the path through the complexities of divorce law, ensuring your interests are secure.

Taking the first step towards seeking legal advice can transform this challenging time. It’s about securing a fair resolution that respects your needs and your family’s.

Issues Involved in Butte, Montana Divorce Law

There are many complicated issues that you need to settle during the divorce process. Many of these elicit strong emotions from one party or the other, resulting in volatility.

Dividing Property

One of the most challenging issues in the divorce law process is dividing property, debts, and assets. In many states, like Montana, anything you and your spouse purchased over your marriage is subject to division. This includes things such as real estate, bank accounts, cars, stocks, etc. Some states split marital property evenly, while others go along an equitable split. In the latter, the judge weighs the contribution each spouse made to the marriage and uses that information to decide the disposition of property, which may not equate to a perfect 50/50 division of your property, debt, and other assets.

Child Support

Both parents are responsible for paying for the care of their children. There is a child support guideline that helps determine how much each parent should contribute based on their income and the amount of time they spend with the children. Child support pays for things such as healthcare, food, clothing, and other basic needs.

The amount of child support relies on a specific formula. The goal is to ensure the amount is in the child’s best interest and fair to both parents in Butte. The state follows the Montana Child Support Guidelines, which consider expenses like healthcare and education.

Alimony

Alimony, or spousal support, can vary dramatically depending on the marriage, and Butte, MT divorce law court looks at multiple factors when determining the amount and length of alimony, including:

A spouse’s need and the other spouse’s ability to pay
The age and health of each spouse
The length of the marriage
Each spouse’s earning capacity and level of education
The division of property
Parental responsibility of the children
Sole investments and assets of either spouse

Montana’s laws include different kinds of alimony or spousal maintenance. Temporary alimony can last during the divorce process. Meanwhile, rehabilitative alimony helps a spouse get back on their feet in Butte. Sometimes, especially after lengthy marriages, permanent alimony is necessary when one spouse can’t support themselves. These rules, found in Montana Code Annotated § 40-4-203, seek to even out financial differences between spouses.

Child Custody and Visitation

Child custody is perhaps the most emotional issue during a divorce that involves children. The most important thing to keep in mind is that the court bases all decisions on what is in the best interest of the child. Keeping this in mind may help navigate the rough waters of custody.

Montana Code Annotated § 40-4-212 helps define the best interests of a child. This legislation stresses the importance of the child’s safety, emotional requirements, and each parent’s ability. Furthermore, it looks into the child’s bond with parents and siblings in Butte.

Generally, Butte, Montana courts award joint legal custody giving both parents the legal right to make decisions for the children, such as education, medical care and religious practices. Legal custody has nothing to do with physical custody or visitation. Joint custody does not mean both parents split time with the child evenly, just as Sole legal custody does not bar the non-custodial parent from visiting the child.

The Process of Going Through Divorce Law in Butte, Montana

Are you leaning towards getting a divorce from your partner? If so, it is important to understand the necessary steps of the divorce law process.

Step 1: File the Divorce Law Petition

The divorce law process begins when one spouse files a legal petition to terminate the marriage. The petition must include:

A legal reason for divorce (grounds for divorce)
A statement that shows at least one spouse meets the state’s residency requirements for divorce
Other statutory information your state requires

Most states offer the option for filing a no-fault divorce, which does not require a legal reason for the divorce.

Montana does recognize no-fault divorces. Spouses in Butte can dissolve their marriage without having to prove wrongdoing by either party.

Step 2: Request Temporary Orders

The divorce law process in Butte can take several months, but temporary orders can be requested and approved for a multitude of reasons, including:

Child custody
Child support
Spousal support
Property restraining orders
Status quo orders

Request temporary orders as quickly as possible so you are not absent the resources or protection that you need.

Step 3: Serve Your Spouse and Wait for Their Response

If you are the one who files a divorce petition, you must have your spouse served with their divorce law papers and then file a proof of service with the courts. If your spouse accepts the service, then they need to fill out an affidavit to that effect. However, in many cases, the petitioner must hire a process server or sheriff to formally serve the petition on the other spouse. It is this third party who then records the proof of service.

Step 4: Try To Come to an Agreement

The best outcome for anyone going through this process is to have an uncontested divorce, meaning both spouses agree on all issues.

This can be reached between both partners or with the help of a mediator. Not only will this save each spouse money, but there will typically be a lot less animosity.

Step 5: Go To Court

If you and your spouse are unable to reach an agreement, then the case continues before a Butte, MT judge. While there is some benefit to having a judge hand down orders, it may also be a detriment as there is little to no control of the agreement by the parties.

In Montana, divorce cases go to the District Courts. They serve as the state’s trial courts of general jurisdiction, handling most civil matters like divorce.

Step 6: Receive the Judgement of Divorce

The divorce law trial will end with the official judgment of divorce, ending the marriage. This final dissolution of marriage sets out the details about property and debt division, child custody, and all relevant issues between the couple.

Work With an Experienced Butte, Montana Divorce Law Attorney

If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced Butte divorce law attorney. A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across Montana state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!