Reliable Montana Divorce Attorney
Legal Insights About Getting a Divorce in Montana
Divorce can be a challenging and emotionally charged process, often accompanied by significant financial burdens. The strict legal requirements add complexity to the proceedings. Emotions such as stress, anxiety, and uncertainty are common, and the financial implications—such as asset division, spousal support, and potential legal fees—can be overwhelming. Navigating these challenges requires not only legal knowledge but also emotional resilience.
At Tipp Coburn Lockwood, P.C., we understand the complexities of divorce in Montana. Our skilled attorneys are dedicated to providing compassionate and professional legal support, supporting you through each step of the process.
What are the Grounds for Divorce in Montana?
In Montana, the only statutory ground for divorce is that the marriage is “irretrievably broken.” This means the spouses must show there is no reasonable prospect of reconciliation. To support this claim, the law (Mont. Code § 40‑4‑104) requires two things:
- The parties have lived separately and apart for at least 180 days immediately before the filing of this petition.
- There is serious marital discord that adversely affects the attitude of one or both spouses toward the marriage.
Although Montana is fundamentally a no-fault divorce jurisdiction, some petitions may still allege fault-based grounds (e.g., adultery or cruelty) in hopes of influencing other divorce-related issues. But even in such cases, the court must ultimately find the marriage irretrievably broken.
Divorce vs Legal Separation
Divorce (also called a dissolution of marriage) and legal separation are two distinct legal paths in Montana. However, they share many procedures and requirements. Under Montana Code, a spouse may petition for a decree of legal separation instead of dissolution, and the court must grant it unless the other spouse objects.
A decree of dissolution legally ends the marriage, allowing either spouse to remarry.
By contrast, a legal separation does not end the marriage. Spouses remain legally married. This means that responsibilities such as debt, support, and property division may still bind both parties. Six months after a legal separation decree, either party may move to convert it into a dissolution.
Contested vs. Uncontested Divorce
When spouses agree on all material issues, such as property division, child custody, support, and alimony, their divorce is considered uncontested. In Montana, the law allows parties to file a joint dissolution or submit a marital settlement agreement to the court for approval. Because the parties are in complete agreement, uncontested cases often resolve more quickly, with fewer hearings and lower legal costs.
By contrast, a contested divorce arises when spouses disagree on one or more key issues. For example, they may disagree on child custody, division of assets, or spousal support. In these scenarios, the court intervenes. Parties may file motions, engage in discovery, attend hearings, or proceed to trial for a judge to resolve unresolved disputes.
Spousal Support While Divorce Is Pending
Spousal support or “maintenance” may be ordered during divorce proceedings or afterward. A court may award maintenance only if the spouse seeking it :
- Lacks sufficient property to meet reasonable needs and
- Is unable to support themselves with appropriate employment (or is the custodial parent of a child whose circumstances justify a pause from employment).
The court must set amounts and duration that it considers just, after weighing factors such as the parties’ financial resources, the length of the marriage, the age, status, and condition of the spouse, and the standard of living during the marriage.
During the pending divorce, either party may request temporary maintenance or support. Once ordered, Montana courts retain continuing, exclusive jurisdiction to modify spousal support during its term.
Parenting Plans
In Montana divorce proceedings involving children, parties must submit a Parenting Plan for the court’s approval. A Parenting Plan sets forth where a child will live, how much time each parent will spend with the child, and how decision‑making responsibilities will be allocated.
If parents cannot agree, the court decides based on the child’s best interests. A final parenting plan must be incorporated into the divorce decree or amended decree.
Montana also permits an interim parenting plan, which is a parenting plan that’s effective while litigation is pending. Once the final plan is adopted, it supersedes earlier orders. After the entry of a parenting plan in court, either parent may petition to modify it if significant changes in circumstances affect the child’s welfare.
The Divorce Process
In Montana, a divorce (formally a “dissolution of marriage”) begins with filing a Petition for Dissolution and a Summons in the District Court of a county with proper venue. Before the filing, at least one spouse must have lived in Montana for at least 90 days (or been stationed there as a service member). If there are minor children, they generally must have lived in the state for at least six months.
After filing the petition, the papers must be served on the other spouse, who then has 21 days to respond. Temporary court orders, such as an order of protection, are often issued while the case is pending.
If the spouses reach an agreement on child parenting, property division, or support), their settlement can be submitted for court approval. Otherwise, the case may proceed to hearings or a trial. Montana now uses an Informal Domestic Relations Trial (IDRT) format for family law matters when at least one party is unrepresented, unless the right to IDRT is waived. When all issues are resolved, the court issues a final decree of dissolution, which then officially ends the marriage.
How Tipp Coburn Lockwood, P.C. Can Help
At Tipp Coburn Lockwood, P.C., we understand the challenges that families and couples facing divorce encounter. Our family law attorneys are skilled and experienced in handling cases involving divorce, child custody, child support, and orders of protection.
In this challenging moment of your personal life, we provide the legal support you need. Whether addressing property division, parenting plans, or spousal support, we aim to help you achieve a resolution that supports your future well-being.
To schedule a free consultation with one of our knowledgeable attorneys, request a case review online, or call us at 406-812-7634. Book an appointment with Tipp Coburn Lockwood, P.C. at your earliest convenience.
Injured in Missoula? Get the compensation you deserve.
Frequently Asked Questions About Montana Personal Injuries
When you have been injured, it is only natural to have questions. Here are the ones our personal injury attorneys hear most frequently:
What is the statute of limitations for personal injury lawsuits in Montana?
Montana’s law gives you three years from the cause of action to file most personal injury claims, generally starting from the accident date. However, you do not want to wait that long to take action. The longer you wait, the easier it may be for witnesses to forget important information and critical evidence to be lost. Working with a skilled personal injury attorney can help you make a timely claim and protect your interests.
How do I start a personal injury claim in Missoula?
The best way to start a personal injury claim is by speaking with a skilled attorney as soon as possible after your accident. They can evaluate the facts of your situation and understand the strengths and weaknesses of your case. They can also help you understand the value of your claim based on the extent of your injuries. Finally, they have the skills to identify all possible sources of compensation, which may not be immediately obvious. Your attorney will contact the other party’s insurance company on your behalf and try to negotiate a fair settlement. When that isn’t feasible, they can pursue litigation.
Can I still file a personal injury claim if I am partially at fault?
In Montana, the state’s modified comparative negligence rule allows you to file a personal injury claim so long as you are not 51% or more at fault for your injuries. However, any damages you are due will be reduced by whatever percentage of fault is allocated to you. For example, if your claim is worth $100,000 and you are 20% at fault for the accident, you would only be due $80,000 in compensation.
Don’t Wait. Filing Deadlines Apply. Schedule Your Free Consultation Today.
Strict filing deadlines and statutes of limitations apply in personal injury lawsuits and negligence claims. Our personal injury lawyers offer a free case evaluation and consultation. They will also use this time to answer your questions. You can schedule your free appointment by sending us a message through our website or by calling our office at 406-812-7634.
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