Divorce Guide

Divorce Guide

Montgomery County Divorce Court

The Montgomery county divorce courts have regular orders that go into effect for every divorce including the parent-child relationship. These regular orders are court orders and if either party violates one or more of the automatic orders, they have a risk of gaining disapproval of the court.

Filing Requirements

In order to file divorce in Montgomery county divorce court, residency requirements must be met for the court to accept the case. If the court discovers that it does not have the authority to hear the case, it will not be accepted or it will eventually be dismissed. The residency requirements are as follows:

  1. A resident of this state for a period of six months, before filing for divorce
  2. A domiciliary of the county where the divorce is filed 90 days prior to filing divorce. Either spouse can file for divorce in the place where he/she is residing.

Legal Grounds

According to Montgomery county divorce court, it is also possible for the spouse/spouses to get a divorce simply by stating in the divorce papers that the marriage has become insupportable. This means you and your spouse have disagreements and there's no reasonable hope for reconciliation. If both spouses want that there should be a divorce, they can agree in writing that the marriage can be ended. Some of the legal grounds of divorce in this county include:

  • Adultery
  • Any physical or mental torture which causes danger to the safety or health of the applicant
  • In the case of abandonment for one year or more
  • Crime conviction and imprisonment of the defendant for one year
  • If the husband and wife have lived separately for three years
  • Separation for two years
  • Imprisonment due to mental illness for three years

Child Custody

If the parents cannot come to an agreement regarding the issues of the children, the court will set up the custody order at its caution after considering all related factors including:

  • The wishes of the parents concerning custody
  • Ability and wishes of parents in meeting the needs of the child
  • The relation of the child with parents, siblings, and any other person who may affect the child's best interests
  • Which parent is more likely to allow the child regular and meaningful contact with the other parent
  • Childís fine-tuning to his/her home, school, and society
  • The mental and physical health condition of all individuals involved
  • If there is any account of child abuse by the persons involved
  • The purpose of either parent to move the main residence of the child
  • The wishes of a child as to the child's custodial parent

Once the judge signs the custody order and it is filed with the court, both parents should follow the courtís decision.

Equitable Distribution in Montgomery County Divorce Court

Montgomery County Divorce Court believes equitable distribution. It does not always result in an equal division of the marital assets. The factors the court may consider in dividing your estate include:

  • Each spouse's financial needs
  • Inputs to the estate
  • Actions in causing the breakup
  • Debt division
  • Retirement assets
  • Divorce tax issues

It is always advised to have an attorney who can provide sensible advice to help you reach the best possible solution for your particular case.

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