Divorces are complicated, especially for higher-income individuals or those with considerable assets to divide. In addition to the division of assets, many divorces also involve the parents working out a parenting plan so that their children can handle the separation and divorce with as little disruption to their lives as possible.
By contacting an experienced family law attorney for an initial consultation, you can learn more about what you need to do right now to prepare yourself and your family for the divorce.
The first steps in a divorce case should take place long before the divorce is actually filed in court. If you were just served with divorce paperwork, then you should act quickly to talk with an attorney about the best way to protect yourself, your assets and your family during this difficult process.
Attorney for Divorces in Helena, MT
Greg Beebe is experienced in family and divorce law in Helena, Lewis and Clark County, and the surrounding areas throughout Montana. He can help you bring your family law case to a favorable conclusion. He is experienced in negotiation tactics to resolve the case before trial or at mediation. He also has the experience to represent you during a motion hearing or at trial.
Greg Beebe can help you make the best financial decisions after the petition for dissolution of marriage is filed. In Montana, the legal name for a divorce is a "dissolution of marriage."
The right attorney can help you deal with Montana’s judicial system as your divorce case proceeds. Greg Beebe can help you in both a contested or uncontested divorce case. He can help you deal with the issue related to child custody, time sharing, and child support.
Find out more about drafting a parenting plan in child custody cases, negotiating a fair property settlement, or dividing a pension, retirement accounts or profit-sharing plan. A good divorce lawyer is essential if the divorce involves a family business or complicated tax issues.
Call Greg Beebe to discuss your case. He can help you find a dignified way to end the marriage while protecting the family during the transition.
Temporary Economic Restraining Orders in a Divorce Case
While your dissolution of marriage case is pending, both you and your spouse are prohibited from selling, hiding, or disposing of any property without the consent of the other person. Some exceptions apply, such as those transactions that occur in the usual course of business or for the necessities of life or to pay reasonable attorney fees. During the divorce, both the husband and wife are also restrained from changing the beneficiaries of insurance coverage. The temporary restraining order on
The temporary restraining order on property is included in the summons. The summons is the document that officially notifies the other spouse that a petition for dissolution of marriage has been filed with the court.
As the divorce case proceeds through the courts, the parties might seek other types of temporary orders at the beginning of the case including:
- Interim Parenting Plan - outlines the living arrangements for the children before the Final Parenting Plan is entered;
- Temporary Maintenance - provides for one spouse to make payments to the other spouse while the divorce is pending because of the temporary need for financial assistance and the ability of the other spouse to pay.
- Temporary Child Support - provides for one spouse to pay child support on a temporary basis until a final order establishing child support is entered by the court.
- Temporary Family Support Orders - establishes a "holding pattern" on the marital estate while property and debt issues are being decided by giving the court the power to pay marital bills based on the income and assets of both parties.
Alimony in a Divorce Case in Montana
In Montana, the term alimony is often called "maintenance." Alimony or maintenance refers to the money that one spouse is required to pay the other spouse. Alimony can be paid in a lump sum or in periodic payments over a term of years.
Alimony is separate from child support. It is important to remember that different tax consequences apply to the payments depending on whether it is classified as maintenance or child support.
Alimony is more likely to be ordered with the husband and wife have been married for several years and the lower income spouse lacks the means to provide for his or her reasonable needs. The court will consider the fact that one spouse stayed home to take care of the needs of the higher-income spouse. When the lower-income spouse is unable to support himself or herself by finding a job, the lower-income spouse will often request in the Petition that the court order the other spouse to pay maintenance.
When the lower-income spouse is unable to support himself or herself by finding a job after the marriage is over, the lower-income spouse will often request in the Petition that the court order the other spouse to pay maintenance.
The Distribution of Assets in a Divorce Case
During the dissolution of marriage, the court will decide whether the property that belongs to the married couple should be awarded to the husband or to the wife. When determining the equitably distribute the property and assets of the marriage, the court will consider the factors explained in M.C.A. ß 40-4-202.
The factors for determining the equitable distribution of property acquired during the marriage include:
- How long the marriage lasted;
- The needs of each party based on their age, health, occupation, income, vocational skills, estate, liabilities, and debts;
- The needs of the husband or wife;
- If children are involved in the divorce, the parenting arrangements;
- Whether one spouse will receive maintenance or alimony;
- The opportunity for both parties to acquire income and assets in the future; and
- The contribution of a spouse as a homemaker to the family.
Forms to End your Marriage in Montana - Visit the website of the Montana Supreme Court to find forms for Divorce, Dissolution of Marriage, Legal Separation, and Annulment. The forms on the website including the Petition for Dissolution of Marriage either with or without children, the Joint Petition for Dissolution of Marriage, the Summary Dissolution Packet, the Answer to Dissolution for, and the Affidavit for Entry of Decree of Dissolution of Marriage Without Hearing.
Montana Statutes for Divorce Law - The statutes for “Termination Of Marriage, Child Custody, Support are found in Montana Code Annotated at Title 40, Chapter 4. Find information on Separation, Dissolution of Marriage, Support, Custody, Visitation, and Related Provisions, and Family Law Mediation.
This article was last updated on Friday, August 18, 2017.