Montana Divorce Laws

Montana Divorce Laws regarding Child Custody

Some of the factors the Court considers, while finalizing the parenting plan in the best interests of the child, are as follows –

• Chemical abuse or chemical dependency caused by any parent
• Threat of physical abuse or actual physical abuse by one partner against the child or the other partner
• The physical and mental health of all persons involved with the child
• The adjustment of a child in community, in school and at home
• The child’s relation and interaction with the parents, siblings and any other individual who considerably affects the interest of the child
• The desires of the child
• The desires of the parents
• If a parent has purposely failed to economically support a child whom this parent can support, then this is a hurdle to the best interests of the child
• Developmental requirements of the child
• Stability and continuity of care
• Whether annoying and continuous parenting plan change actions are having adverse effects on the child
• The Court is of the opinion that it is in the best interests of the child to have continued and frequent contacts with both parents, except when the Court reaches the conclusion that contact with a particular parent is harmful to the child. Before reaching such a conclusion, the Court needs proof of threat of physical abuse or actual physical abuse by one partner against another partner or the child, inclusive of but not confined to whether any individual staying with the parent or the parent has been convicted of some crime listed in 40-4-219(8)(b)

Montana Divorce Laws regarding alimony

When the Court observes that the partner requesting alimony –

• Does not have enough property to fulfill the reasonable requirements
• Cannot support self by means of proper job
• Is the custodian of a child whose state does not make it fitting that the custodian should search employment outside the residence

Then, the Court may award alimony to such a partner.

While deciding the duration and amount of alimony, the Court does not pay attention to marital misconduct and considers the following issues –

• The capacity of the partner from whom alimony is requested to fulfill the self requirements and the requirements of the partner requesting maintenance
• The emotional state, physical condition and age of the partner requesting alimony
• The period of marital life
• The standard of living reached during marital life
• The period essential to attain enough training or education by the partner requesting maintenance to acquire apt job
• The economical sources of the partner requesting for alimony inclusive of marital property separated for this partner, child support amount and the resulting capacity to fulfill the requirements of life independently

In case a wife, whose marriage has been declared invalid or has been dissolved, requests for restoration of her name to her former name or her maiden name, then the Court issues the essential orders.

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