Montana Divorce Procedures

The divorcing partner officially commences the divorce process by filing the divorce petition. This petition can be prepared by the local divorce attorney. Simultaneously, this attorney can also draft the motion for temporary orders. Some of the ingredients of the petition are information about marriage of the parties, residence of each party and children of the marriage.

The Answer in Montana Divorce Procedure

After the petition has been filed it is served to the Respondent. From the date of service, the Respondent is offered 30 days to submit an Answer in the court. Consider that the Respondent has failed to file an Answer. Then, the divorce court forms an opinion that the Respondent accedes with the divorce petition and grants the requests of the Petitioner. Also, the Respondent loses his or her rights to contest topics like distribution of property or child custody during divorce.

When an Answer is filed, it is an acknowledgement of the filing and receipt of the petition. An Answer is a response to the points noted down in the petition. Through the Answer, the Respondent may agree or oppose the requests of the Petitioner. It is also possible that the Respondent accedes with the Petitioner regarding some points and disagrees regarding others.

Consider that a Respondent has agreed with all terms of the divorce in the Answer. In such a case, the Petitioner may advance with an uncontested divorce. It is advisable that the Respondent takes the assistance of a local divorce lawyer while drafting the Answer as the Respondent would get exposed to the divorce laws in the county and how the divorce procedure would get affected.

Temporary orders in Montana Divorce Procedure

While the divorce procedure is in progress, it is likely that the court issues temporary orders with the following intents.

• Covering the children's requirements
• If a partner does not have an income source, then to offer help to this partner
• Ensure that the household bills are being paid
• Preservation of the marital property

Till the divorce procedure is pending, the temporary orders are applicable. When the divorce petition is finalized, the temporary orders dissolve.

Some divorcing partners create problems to their spouses. Such harassed spouses can resort to temporary orders to restrict the partner from establishing contact with them. Using these temporary orders, one partner can also coerce the other to pay some bills. In case the misconduct of one partner has left the other partner with no option but to apply for temporary orders, then the other partner is enabled to an award of the divorce lawyers' fees.

Process of Discovery

During this divorce procedure, the divorcing partners collect the details of the other partner regarding the following issues.

• Extramarital affairs
• Fitness for child custody
• Income
• Assets
• Other issues relevant to the divorce

The discovery stage is generally not a contested one and the divorcing partners provide one another essential data as specified by the rules of procedure. Sometimes it happens that one of the divorcing partners does not divulge relevant information. In such a situation, the divorce lawyer can obtain orders from the court that force the partner to reveal the data. Additionally, this partner has to disburse the fees of the divorce lawyer for obtaining the court orders.

Divorce Papers