Montana Divorce Lawyers
Grounds of divorce handled by Montana divorce lawyer
As per the law in this state, dissolution of marriage is possible only if the following factors are satisfied.
- Irretrievable breakdown of the marriage
- Grave marital dissension due to which the outlook of both partners towards the marriage is adversely affected
- No possibility of reconciliation
- Before the date of filing, the partners must be residing apart and separate for 180 days
In this state, there is permission for joint petition for divorce. If both spouses file such a petition, they are referred to as “co-petitioners.” Also, settlement or separation agreements are particularly authorized by law.
Laws to the adhered to by Montana divorce lawyer
- After filing a petition for divorce, the female spouse can restore her maiden name
- The distribution of property should be equitable. The factors to be considered are as follows –
- Skills and expertise of both partners
- Occupation
- Reason for divorce
- Health
- Age
- Duration of marriage
- 2 most vital documents as per Montana Law are –
- Decree of Dissolution of Marriage
- Petition for Dissolution of Marriage
- Some other documents of considerable significance are –
- Notice of entry of final decree
- Request for hearing and order
- Debts, income and expenses
- Final declaration of disclosure of assets
- Marital settlement agreement
- The residency requirements of this state are that before filing the petition for divorce one of the spouses must be a permanent resident of the state
- The percentage of Income formula is used to determine child support amount. As per the law, the support obligation is calculated as a percentage of the income of the non-custodial parent
- While deciding on child custody, the court takes into account all possible measures to safeguard the children from emotional trauma. When the parents can not reach any decision on this issue, the court gives its decision considering –
- Physical health of the parents
- Mental wellbeing
- Financial status of the parents
- Wish of the child’s parents
- Wish of the child regarding which parent to reside with
- While granting alimony or spousal support, the following are considered –
- Age
- Duration of marriage
- Standard of living during marriage
- Duration required to get proper employment
- Financial condition of the spouses
- When both the partners fail to reach an agreement, the court can think of pursuing this case for further hearing after not less than 30 and not more than 60 days. The divorce court reserves the right to recommend counseling and mediation
Grounds for annulment in the state
- Physical disability of one spouse
- If a person marries a close relative. The annulment laws in the state prohibit marriages between brother and sister, uncle and niece, father and daughter and mother and son
- Getting married to two or more than two persons without divorcing the first person
- If one spouse is insane and this factor is adversely affecting the married life
- If the spouse has misrepresented herself or himself or a person has been cheated in marriage
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