Family law deals with any civil issues related to the family: divorce, adoption, child custody, and alimony. Divorce is the most common area of family law, though. Every divorce and child custody battle in Montana is determined on a case-by-case basis. Because the court looks at each situation individually, talking to an attorney beforehand can help you protect yourself and your family. This post will give you an idea of divorce costs, timelines, and specific Montana child support and family laws.
Montana Divorce Law Basics
I just got divorced. What are the Montana divorce laws?
An attorney will be able to give you a full rundown of the laws that will affect you, but there are a few specific requirements every divorcing couple must meet.
To get divorced, you must prove that you have lived apart for more than 180 consecutive days before you file for divorce. If you haven’t lived apart for 180 days, then you must prove that there is serious marital discord between you and your spouse with no possibility of reconciliation. This just means you have to prove you’re ready to get divorced.
In Montana, one spouse can file for divorce on their own. The other spouse can’t do anything to prevent the divorce.
Is Montana a no-fault divorce state?
Montana is a no-fault divorce state. Every state in the United States is, in fact. That means to get divorced, neither spouse has to show fault. Each state does have slightly different laws, though.
A handful of states, including Montana, don’t allow you to cast blame when you file for divorce. Meaning, when you formally file for divorce you can’t blame your spouse. You can’t cite adultery, abandonment, and abuse as a reason for divorce like you can in other states. It may sound confusing, but essentially neither spouse can blame the other for the divorce.
How long does a divorce take?
After the papers have been filed, a divorce in Montana usually takes between 30 and 90 days to be finalized. They can take much longer if there are property or custody disputes, and if there are no disputes, it can move really quickly.
How much does a divorce cost in Montana?
Divorce can get expensive. If both you and your ex-spouse hire attorneys and don’t agree about property division, then the cost can rise quickly. Each divorce is different and the cost really depends on your individual situation. If you don’t hire an attorney, then it can be as little as a few hundred dollars, where contested divorces with attorneys will cost thousands.
Montana Child Support
How much will I have to pay in child support in Montana?
Child support in Montana is determined by a complex calculation. It takes into account the income of each parent, how many children they have, necessary expenses, and a few other factors. There are several online calculators you can use, but talking with an attorney is always your best bet.
Montana Child Support and Family Law is Complex
Montana’s family laws are constantly changing, so it’s best to check with an attorney who knows the laws in your state. Give us a call and our attorneys at Paul Ryan Law can help you out.