The information and particulars pertaining to divorce in the state of Montana is given below:
At least one of the spouses must be a resident of Montana for at least 3 months or 90 days before they can petition for divorce. The divorce will be filed in the county where one of the spouses has been resident for said time period.
Proper reason must be established when filing for Divorce. The state of Montana recognizes two major reasons for granting a divorce. These are namely the spouses living apart for a period of anything above 180 days and intense marital conflict that cannot be resolved.
Parenting and parenting plans now form base for the decision of custody in Montana divorce cases. Usually sole or joint custody is awarded keeping in mind the best interests of the child as well as the following factors:
As Montana is an equitable distribution state, everybody retains property that they purchased before the marriage as well as any gifts and inheritances. Any property purchased during the union will be divided while taking the following factors under consideration:
Either spouse can be ordered to pay a sustainable maintenance or alimony to the other, provided that the spouse asking for support can prove they are unable to take care of themselves or there is lack of sustainable income from property to live on. If they have custody of a child due to which they cannot go out and seek a job, then alimony may also be awarded. The following conditions or factors are observed:
One or both parents may be ordered to pay child support for the children. Factors such as financial situation of the child, the age, health, education and developmental needs of the child, physical and emotional health of all involved parties, financial situation of the parents and standard of living child is foregoing are observed. Other factors include costs of any daycare or nanny facilities, needs of other people being supported by the parents and the parenting plan.
If the spouses want to settle their differences, or if one spouse denies irreconcilable differences or minor children are involved, meditation is recommended. The court may refer the couple and children to a psychologist, psychiatrist, social worker, priest or other religious leader of couple's religious denominations, a physician or anyone deemed qualified to counsel the couple.
There is no need of a lawyer when applying for divorce in the state of Montana. A divorce case which is filed without any help of an attorney in any of the states is known as Pro Se Divorce.
Literally, Pro Se is a Latin phrase and it means "on her or his own". Process of getting the divorce without the help of lawyer may vary from one State to another. These types of divorces are perfectly legal and enforceable in Montana, and are actually very convenient. Usually, once settlements have been made regarding property distribution and custody matters among the spouses in case of a mutual divorce, Pro Se Divorces are filed.
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