Top Sidney Divorce Lawyers - Montana

The division of marital property after a divorce will generally depend on whether or not you live in a community property state. The best way to determine whether your state is a community property state is to talk to a local attorney who can tell you what the law is and who can help you understand how that affects your situation.

Community property states consider nearly all property obtained after the marriage as equally owned by both spouses. As a result, the property will generally be equally split after the divorce. Absent community property statutes, it's typically up to the court to divide marital property between both parties. In either case, courts will normally accept a property division agreement if the spouses can create their own.

Attorneys aren't needed for every divorce, but in many cases, legal assistance can be beneficial, if not crucial. With the complex nature of some divorce procedures and emotions running high, it is often a good idea to have a knowledgeable resource for information and a skilled advocate for negotiations and possible court proceedings.

Do Both Sides Need to Find a Divorce Lawyer?

If both spouses are on speaking terms and being relatively fair-minded and pleasant with one another, a single divorce lawyer may be able to help them navigate their divorce proceedings. This may be the case for several no-fault divorces.

However, in instances where a fault is established, or combative divorce proceedings are expected to take place, it is highly advised that both spouses hire a skilled divorce lawyer to represent their best interests. Not only can a negotiation between professional legal counsel lead to a much more streamlined process, but this method may also remove some of the emotions associated with painful divorce proceedings.

Alimony and spousal support are interchangeable terms that refer to monthly payments from one ex-spouse to another following a divorce. These payments can be court-ordered or arranged by the parties involved and are intended to account for the adverse economic effect a divorce can have on one party. All spousal support agreements and amounts are unique, depending on the spouses' individual incomes and property, their earning capacity, the duration of the marriage and whether children and child support are involved, among other factors.

Can I Fill Out Divorce Forms Myself?

Yes, it is legal for individuals to fill out a divorce petition themselves. However, it is highly recommended that you find a divorce lawyer with experience for a consultation regardless, even if you are planning to have a mutually acceptable no-fault divorce.

Divorce paperwork can be complex, and the surrounding legal territory even more so. If you are facing a more acrimonious or complicated divorce, you should seek legal representation immediately.