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Key Points To Remember About A Divorce (Dissolution) In Montana

On Behalf of | Aug 24, 2021 | Divorce |

In Montana, many couples who find their marriage is no longer working will consider parting ways and ending the marriage. In the state, divorce is legally referred to as a “dissolution.” The case will be impacted by its circumstances. For example, if it is an amicable situation, it will be handled differently than if it is an antagonistic back and forth with the spouses in dispute over just about everything.

The type of relationship between the couple will play a substantial role in the case. For example, those who are on relatively good terms might be able to split their property through negotiation. If they are not in a good place, they could need help to have the property analyzed and appraised to see who is has the legal right to it and what its value is. If there are children involved, it grows even more complex. From the start, it is wise to understand fundamental facts about dissolution.

Basics about a dissolution in Montana

There are residential requirements to get a dissolution in the state. The person who is filing must have lived in Montana for a minimum of 90 days prior to getting the dissolution. If there are minor children, they too must have lived in the state. It must be for six months before there can be a dissolution. Certain cases have exceptions, but in general, the six-month rule will be in place and must be followed.

People often believe that there must be a specific reason given for there to be a dissolution. In truth, all that needs to be said is that the parties have suffered an irretrievable breakdown of the marriage. There are requirements for this designation including the need to have lived separately for at least six months or there being discord that is hindering the behavior of one of the spouses. There does not even need to be “fault” shown when seeking a dissolution.

The types of dissolution

In Montana, there can be a default dissolution and a joint dissolution. In some cases, a person will file for dissolution and the other party might not respond. The person who has been served a petition will have 20 days to file a response. Once those 20 days have elapsed without a response, it will be a default case. It is important that the respondent understand what he or she is giving up by not responding. The person who filed will subsequently get everything they are asking for in their petition provided it is deemed fair by the court.

In a joint dissolution, the sides have agreed to the lingering issues in the case. That will also include how children will be situated and property division. Since a parenting plan will be a crucial part of a joint dissolution, it is imperative to be aware of what the agreement entails and that the noncustodial parent will have as much time as he or she thinks is reasonable with the child.

The end of a marriage can be complicated and it is wise to be protected

As the details of getting a dissolution show, family law can be a difficult process with many facets to think about. Even in cases where the sides are in relative agreement and are on the same page, there can be complexities that should be addressed. If there is outright contentiousness, it is even more vital to have guidance throughout the process. From the outset, it is wise to be shielded and know the law. Discussing the case with those experienced in state law regarding divorce, child custody, child support, property division and parenting time is beneficial.