See if you Qualify in Montana
Online Divorce provides qualitative and approved by the court Montana divorce forms. The information below will help you understand more about the divorce in Montana.
If you want to get a divorce in Montana, then one of the spouses must live in the state for 3 months before filing the documents.
Valid Grounds to get divorce
Key points to get divorce in Montana:
1) the marriage is irretrievably broken;
2) the spouses are not leaving together for more than 180 days;
3) spouses do not tolerate each other;
Custody of the Child
The parties can agree on the equal custody of the child, in which case they will have the same rights when making decisions concerning important issues related to the child's maintenance. This decision is made only if it is the only and best option for the normal life of the child. The decision on custody of the child is made during the divorce process.
Decision-making is influenced by the following factors:
1) Basic needs of the child;
2) The ability and willingness of the parent to meet these needs;
3) The attitude of the child to any parent;
4) Child's health and age;
5) The financial situation of the parent and the level of expenses required for the maintenance of the child;
6) The desire of the guardian parent not to interfere with the communication of the child and the second parent;
7) Wishes of the child;
Rules for Child Support
Montana uses the Income Shares Model for calculating child support. In determining the amount to be paid by a parent for child support and the period during which the duty of support is owed, the court shall consider the following factors:
1) Needs of the child(ren);
2) Standard of living and economic circumstances of each parent;
3) All sources of income and assets of each parent;
4) Earning ability of each parent, including educational background, training, employment skills, work experience, custodial responsibility for children including the cost of providing child care and the length of time and cost of each parent to obtain training or experience for appropriate employment;
5) Need and capacity of the child(ren) for education, including higher education;
6) Responsibility of the parents for the court-ordered support of others;
7) Reasonable debts and liabilities of each child and parent; and
8) Any other factors the court may deem relevant.
Rules for Spousal Support
If during the marriage one of the spouses was completely financially dependent on the partner, then after the divorce, courts of Montana oblige the second spouse to pay financial support. The amount of support will depend on the needs of the needy spouse and the financial capabilities of the spouse who is required to pay.
Any spouse may file a petition for the use of intermediary services to resolve all disputes outside the court proceedings or to try to preserve the marriage.
Divorce Forms in Montana
The specific Montana divorce papers will vary depending on your circumstances, but there are some forms that are standard. These forms include the “Petition for the Dissolution of Marriage Without Children” and the “Petition for Dissolution of Marriage With Children”. Which you choose will depend on whether you have minor children with your spouse. At Online Divorce you can get the divorce forms you need for your situation, and you can get assistance in completing those forms. With our assistance, you can ensure that you do not experience any delays to your divorce due to issues with your divorce documents.