Montana No Fault Divorce

There is a consensus regarding the fact that if a divorce is an uncontested and no fault one, then, the divorce can be obtained in the fastest manner. In legal terms, divorce can be procured within 20 days from the date the divorce papers are served. However, practically the divorce process requires about 30 days. If the divorcing couple is anxious to determine the duration essential to have the divorce granted, then it is advisable to take the guidance of a lawyer.

Grounds of Montana No Fault Divorce

There are 2 grounds for this sort of divorce.

• Serious marital discord
• Absence of reasonable possibility of reconciliation

The law states that before the filing date the divorcing partners must have resided apart and separate for 180 days.

Residency requirements of Montana No Fault Divorce

Either divorcing partner should have stayed in this state for minimum 90 days prior to the filing date of the divorce papers.

The venue for the divorce procedure is the county in which the Plaintiff has stayed for 90 days prior to filing the action.

The issue of Child Custody

The divorcing parents have the freedom to file a Parenting Plan in the court. This plan deals with the parental and residential placement of the child(ren) and the responsibilities and rights of the parents regarding the same. The principle is that both the parents contribute towards the crucial decisions pertaining to the child(ren).

It may happen that the parents fail to develop a Parenting Plan. In such a circumstance, the court resolves this issue maintaining the best interests of the child(ren) in mind. Some of the factors deliberated by the court while making a decision regarding child custody are as follows.

• Developmental requirements of the child
• Physical and mental health of all the persons affiliated with the child(ren)
• The adjustment of the child(ren) to the community, school and home
• The bond between the parents and the child as well as the child and other siblings
• If the child is mature enough, then, the desires of the child
• The desires of the child’s parents

Use of Mediation

Sometimes there are disputes between the divorcing partners regarding the plans to be followed after divorce. In such a case, the court recommends that such partners should undergo mediation. The divorcing partners have the freedom to put forth any or all of the disputed issues to the mediation at any moment.

Guidelines for Child Support

While calculating the amount for child support, the total income of both the divorcing parents and the expenditure related to the child is considered. This amount of child support is given till the child(ren) finishes high school or attains majority. Under special circumstances, the court or the parties may pass an agreement as per which, the duration of child support may be extended, even if the above mentioned conditions are fulfilled.

Divorce Papers