The court fees for filing the paperwork for a basic divorce in a Montana court is $200.00 . However, the total costs for a divorce can be much higher – especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.
30 to 90 days
A dissolution is often the best way to proceed when terminating a marriage because it is generally faster in ending the marriage than a divorce and it is less expensive.
In Montana , the process of obtaining a legal separation is the same as filing for divorce. The petitioner must file a Petition for Legal Separation and a Decree for a Legal Separation with the court. In Montana , the only grounds for a legal separation are the irretrievable breakdown of the marriage.
Montana is what’s known as a split assets or “ 50 / 50 ” state . However, many people this this rule applies to absolutely everything. This is not the case. During property division, the courts will look at assets that one person brought to the marriage, as well as those assets acquired and grown during the marriage.
40…… make that 41 things NOT to do during your divorce Hide things from your attorney. Dispose of assets you know your spouse is going to request. Fail to keep a copy of all communications with your soon to be ex-spouse. Incur debt in your spouse’s name. Make comments in front of your children about your spouse. Use drugs or excessive alcohol.
In this case, your spouse’s adultery may result in he or she paying more alimony. Your spouse’s adultery can only affect the divorce so much, however. When determining alimony, the adultery must generally have made an obvious financial impact on you and your spouse’s finances.
Montana law is clear that adultery , and other misconduct during the marriage, does not affect alimony. Adultery also usually does not affect the court’s property division during a divorce or separation. Montana courts also don’t consider adultery when deciding custody and visitation of children.
The length of a marriage affects the way the court assesses the contributions of each party to the relationship. A closer examination of the financial contributions of both parties is more likely in a short marriage property settlement , especially if the couple has no children.
Remarriage After Divorce Yes. You ‘ll need to present your divorce decree or certificate of dissolution from your previous marriage. If you no longer have a copy, your lawyer can order you another one .
Summary dissolution is the most cost-effective way to get divorced in California . There is less paperwork and only one filing fee. However, the couple must meet very specific requirements. Also, California requires a six-month waiting period to terminate any marriage, so summary dissolution does not expedite a divorce .
Currently, the five possible grounds for divorce are: adultery , unreasonable behaviour, desertion , living apart for more than two years (with agreement) and living apart for more than five years (without agreement).
People choose legal separation instead of divorce because of religious beliefs, a desire to keep the family together legally for the sake of children, the need for one spouse to keep the health insurance benefits that would be lost with a divorce , or simple aversion to divorcing despite the desire to live separate
The duration of payments is determined by a judge in Montana family court. Alimony length is usually based on length of marriage – one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge).
Montana is an equitable distribution state . Equitable distribution means that the marital property will be split between spouses in a way that is equitable, or fair. It is only where you could not reach a compromise with your spouse that the court will step in and divide your property for you.