Divorce Law in Great Falls, MT
The path through divorce law can seem daunting, layered with legal nuances and emotional complexities. But there’s a beacon of clarity and support available to guide you through the process in Great Falls.
Discover how local laws and seasoned professionals can become your allies. You can transform this process filled with apprehension into one marked by informed decisions.
Take that critical first step towards a future where you’re not just surviving, but thriving. Connect with a trusted local attorney who can tailor their guidance to your unique situation.
Issues Involved in Great Falls, 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.
Child support payments in Great Falls prioritize the child’s welfare, balancing legal guidelines with individual situations. This method considers parents’ incomes, the child’s needs, and factors like education costs. The aim is to maintain the child’s standard of living post-separation, mirroring what they would have had in an intact family.
Alimony
Alimony, or spousal support, can vary dramatically depending on the marriage, and Great Falls, 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
Transitional alimony in Great Falls aids in achieving self-sufficiency. Meanwhile, rehabilitative support focuses on workforce re-skilling. Long-term or permanent support may apply based on marriage duration or the receiving spouse’s age and health.
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 law meticulously outlines criteria for determining what is in the best interests of a child. Critical factors in cases from Great Falls include the following:
- Parental and child preferences
- The child’s relationship with family members
- Current adjustment to home, school, and community
- Mental and physical health
- Ability to provide love, affection, and continued contact
Generally, Great Falls, 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 Great Falls, 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 allows couples to dissolve their marriage through no-fault divorce in Great Falls.
Step 2: Request Temporary Orders
The divorce law process in Great Falls 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 Great Falls, 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.
Divorce cases from Great Falls find their venue within the Cascade County District Court.
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 Great Falls, 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 Great Falls 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!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
There are still other areas of Great Falls, MT law that could affect your case. Check out more details on the other articles on our site:
