Montana

Marriage & Family Law Home

In Montana, during a proceeding for dissolution of marriage or legal separation, or during a proceeding for maintenance following the dissolution of a marriage bu a court that lacked jurisdiction over an absent spouse, the court may grant a maintenance order, otherwise known as alimony. Alimony maintenance may continue for a set amount of time or indefinitely, dependent on the judgment of the court. Many factors will be considered by the court.

p> Some factors that may change the court’s decision in amount, length, or requirement of alimony payments include, but are not limited to, are: the length of time the marriage continued successfully, the age and physical and mental health of both parties, The division of the property made during the process of the divorce or separation, and the earning abilities of both parties following the divorce. Included in the earning capac ....... Click here to get more info on Alimony

Each district court judgment, decree, or order that establishes paternity or establishes or modifies a child support obligation must include a provision requiring the parties to promptly file with the court and to update, as necessary, information on:

• the party's identity, residential and mailing addresses, telephone number, [social security number,] and driver's license number



• the name, address, and telephone number of the party's employer



• if the child is covered by a health or medical insurance plan, the name of the insurance carrier or health benefit plan, the policy identification number, the names of the persons covered, and any other pertinent information regarding coverage or, if the child is not covered, information as to the availability of coverage for the child through the party's employer.

The order must also require that in any subsequent child support enforcement action, upon sufficient showing that diligent effort has been made to ascertain the location of the party, the district court or the department of public health ....... Click here to get more info on Child Support

The court shall consider all relevant parenting factors for custody:

(a) the wishes of the child's parent or parents

(b) the wishes of the child

(c) the interaction and interrelationship of the child with the child's parent or parents and siblings and with any other person who significantly affects the child's best interest

(d) the child's adjustment to home, school, and community

(e) the mental and physical health of all individuals involved

(f) physical abuse or threat of physical abuse by one parent against the other parent or the child

(g) chemical dependency, as defined in 53-24-103, or chemical abuse on the part of either parent

(h) continuity and stability of care

(i) developmental needs of the child

(j) whether a parent has knowingly failed to pay birth-related costs that the parent is able to pay, which is considered to be not in the child's best interests

(k) whether a parent has knowingly failed to financially support a child that the parent is able to support, which is considered to be not in the child's best interests

(l) whether the child has frequent and continuing contact with both parents, which is considered to be in the child's best interests unless the court determines, after a hearing, that contact with a parent would be detrimental to the child's best interests. ....... Click here to get more info on Custody

The person seeking a divorce must be a resident of the state of Montana for at least ninety days before filing for divorce in their county court. On the off chance that an individual from the military is positioned in Montana, he or she and his or her life partner are viewed as an inhabitant. The divorce ought to be documented in the region in which either life partner dwells on the off chance that they are the two inhabitants and if the offended party is the primary occupant then in the area in which he or his lives.

From the laws, Montana only sees the following items as reason for a divorce: The marriage is irretrievably broken as supported by evidence, the couple has lived separate and apart for a period more than 180 days before filin ....... Click here to get more info on Divorce

Montana law states that a biological parent of a minor child may request visitation rights as part of an open divorce, parentage or custody case. A person may also file a petition for visitation on its own.

The court will decide a request for visitation based on whether granting a parent visitation would be in the "best interests of the child."

What is considered in a child's "best interests" are outlined under the custody and visitation statute which indicate the following factors are relevant to this type of decision which state:

• the wishes of the child's parent or parents



• the wishes of the child



• the interaction and interrelationship of the ....... Click here to get more info on Visitation

Under Montana law, marital property is that which is acquired or is a direct result of the labor and investments of the parties during the marriage is subject to equitable division. Equitable division does not mean marital property is divided equally, it is divided in manner that results in a fair or equitable result for each spouse.

Courts will consider the following factors:

Alternatively, non-marital property or property defined as property acquired by one spouse prior to the marriage or property acquired by a spouse intended not to be considered mar ....... Click here to get more info on Property Division