2024 Guide to Montana Divorce Lawyers

A legal separation is a court order that mandates the legal rights and duties of a married couple while they are living apart. A divorce is the legal end of a marriage. There are advantages and disadvantages to both. There are many things to consider when contemplating legal separation vs. a divorce, including:

• Health care and other benefits
• Marital status
• Debts and liabilities
• Property rights and division
• Decision making
• Spousal support

The divorce process can vary, according to the state you live in and the specific circumstances for seeking a divorce. Some general steps that are commonly included in the divorce process are:

• Consultation with an attorney
• Determining grounds for divorce
• Preparation and filing of divorce petition
• Negotiation and settlement
• Court proceedings and hearings
• Finalizing the divorce

The legal theory underlying annulment is that the marriage was never valid to begin with, meaning that the marriage never existed in the eyes of the law. In legal terms, marriages subject to annulment are classified as "void" or "voidable," and are sometimes called "nullified" marriages. Annulment is distinct from divorce in that a divorce terminates a previously valid marriage.

There are several legal implications individuals should examine when considering divorce. While state laws and individual circumstances vary, common areas to be aware of are:

• Division of assets and debts
• Spousal support
• Child custody and support
• Tax considerations
• Insurance coverage
• Estate planning

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A no-fault divorce allows a court to enter a divorce decree without one party having to legally prove the other party did something wrong in the marriage. Instead, one spouse may simply allege that the marriage has broken down and there's no reasonable hope it can be preserved, and a divorce can be granted with or without the other spouse's consent. Every state in the United States, including Montana allow "no-fault" divorce, though the requirements to apply for and obtain such a divorce can vary by jurisdiction.

Steps in a Divorce or Divorce Proceedings

Though divorce is quite common, those who are filing for divorce for the first time may not be familiar with the process.

The first step in divorce proceedings is for one spouse to file the divorce petition, the contents of which — as well as the general eligibility to file in the first place — may be dictated at the state level. Broadly speaking, the divorce petition must contain an affirmation that the filing spouse is eligible to make a legal divorce petition, the grounds for the divorce and any other particulars required by each jurisdiction.

Next is requesting any temporary orders concerning custody (legal or physical) and any necessary economic or housing support that is applicable during the divorce proceedings. Status quo orders concerning payments of financial support monies, property restraining orders protecting a shared estate from being looted by one partner or another prior to the split, and other such temporary orders may be requested by the filing spouse and judged in court.

The filing spouse must serve papers to the receiving spouse, along with proof of having done so. Once that's happened, it is the receiving spouse's responsibility to respond, including any disputes (particularly in the case of a fault divorce, versus a no-fault divorce) within a timely manner.

Any negotiations or settlements that can be laid to rest before a trial are then typically worked out, particularly when both sides have retained legal counsel. A trial ensues over the remainder of the disputed items if necessary, and then a judgment is rendered.