When you are ending your marriage, there are certain divorce laws in Montana that you and your partner need to pay attention to. Knowledge is your best asset and can make this situation less stressful, and, hopefully, lead to the smoothest process possible.
Before taking action, the residency requirements must be fulfilled for the administrative body to accept the case. Thus, one of you must have lived in the territory of the state for at least three months before initiating the process.
Furthermore, you must specify the grounds on which the decision to split up was made. If you want to speed up the process, it’s best to find a compromise with each other. In this case, you’ll just need to explain that you can’t be together as a couple anymore.
According to Montana common law, marriage-divorce issues are managed by the government. To start the dissolution process, you should send a set of documents to the local administrative bureau for review. In the petition, the major document, you specify the details of your break-up, from financial details to common assets. To process your claim, you will be asked to pay a service charge, which varies from one county to another. In Montana, laws on divorce allow this fee to be waived if you can prove financial hardship. Although there is no waiting period in Montana, it still may take from 20 days up to several months to get your case reviewed and approved.
If your partner doesn’t accept the fact of separation or doesn’t agree with the terms of dissolution, be ready for a lengthy process. According to Montana common law, divorce will be followed by a chain of hearings to manage the financial support, debt division, child maintenance, and some other matters. Thus, the process will consist of long court sessions unless a compromise is reached.
Learning Montana state divorce laws can be a bitter pill to swallow. If you need help with filling out forms and practical guidelines, don’t hesitate to contact us.
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Depending on the certain circumstances of one partner, the Montana government may require the other party to pay alimony or maintenance. In this case, the administrative body needs to check all evidence and come to a final verdict. For instance, if one partner experiences a lack of financial resources for basic needs, the government will determine the amount of time and the estimate of the payout. Financial matters usually affect the division of property during a dissolution settlement.
According to Montana divorce laws, property is eligible for equitable division. Regardless of income and working status, both partners contribute to the assets acquired during marriage. Of course, this doesn’t always mean a 50/50 distribution. After all, just because you own something does not mean that the government won’t divide it.
If you split your property through mutual consent, the administrative body will review the terms and conditions. If this is not the case, the length of the marriage, the income of both partners, their contribution to the family budget and some other factors will be considered when dividing the common assets. Let’s say that the more documentation you provide, the higher your chances for pleading the case are.
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