Divorce Guide

Divorce Guide

Montana Divorce Rights

A person desirous of seeking a divorce in Montana has to fulfill some of the conditions so as to file a case in the district court of Montana. According to Montana divorce rights, a citizen of Montana, in order to file a divorce petition has to be a resident of the state for a minimum period of ninety days.

Montana divorce rights are enshrined in the Montana code, especially in section 25 and section 40. The Montana code also specifies various grounds which are considered appropriate by the court so as to initiate the case. Some of the appropriate grounds considered for the dissolution of marriage in Montana occur when the court considers that the marital relationship of the couple has been irretrievably broken down, when court finds that the continued marital relationship of the couple could adversely effect the parties or when the court finds that the parties have been living separately for a continuous period of 180 days.

The spouse initiating the divorce case is recognized as a petitioner by Montana divorce rights and the spouse who responds to the case and who has not filed the case is recognized as a respondent. Spouse can file the divorce case in the district court for the state of Montana. There is a list of documents which has to be prepared by a spouse in order to make use of his/her Montana divorce rights. Some of the important documents are petition for the dissolution of marriage and the decree of dissolution of marriage, income and expenses, marital settlement agreement, notice of entry of final decree and a final declaration of disclosure of assets.

According to Montana divorce rights, the law considers Montana “an equitable distribution” state. The principle of equitable distribution of property signifies that the property owned by both the parties would be divided in a fair manner. This however does not mean that the property would be divided equally. Factors which are considered by the court while deciding on the issue of the distribution of property are the age and health of the parties involved, their employability, vocational skills, occupation and various sources of income.

The clause on spousal support finds a special place in Montana divorce rights. Montana divorce rights makes it obligatory for a financially sound spouse to support the other party, financially after the divorce, when the court considers that the second party has no source of income for a specific period of time. The court orders a maintenance after divorce, in cases where spouses fail to reach to an agreement. In these cases, Montana divorce rights have a provision of alimony advice being provided by the court.

The counseling and mediation program strengthens Montana divorce rights and the citizen of Montana can gain immensely from this program. Provision of child custody also finds special place in Montana divorce rights. The court makes every possible effort to minimize the emotional or physical trauma expected to be experienced by a minor child. The support of the child is determined with the help of various factors such as wishes of the child’s parents, child’s wishes, physical and mental health of the individuals involved. All these factors are guided by Montana child support guidelines, enshrined in Montana divorce laws.

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