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Table of Contents for Montana Divorce Law

The links here provide specific answers to many of the most commonly-asked questions for Montana, including questions about child support, alimony, and property division.

           Montana Top Page
           Professional Directory for Montana
           Three Major Misconceptions About The Legal Process
                The court will punish your spouse's behavior.
                You will have your day in court.
                The legal system is interested in "justice."
           Custody Issues
                Who Gets Custody?
                Does the Court Listen to the Children?
                What If a Spouse Wants To Move Away?
                Which State's Court Will Hear the Case?
                     The Uniform Child Custody Jurisdiction Act
           The Legal Process
                What Are The Grounds for Divorce?
                Is Mine A "No-Fault" Divorce State?
                Can One Party Alone Bring About a Divorce?
                Is There a Minimum Waiting Period After Filing?
                Can the Court Order Marriage Counseling?
                Can the Court Order Arbitration?
                How Long Must You Live In the State?
                What if a Spouse Lives Out of State?
                What is the "Separation Date?"
                As of What Date are Assets Valued?
                Prenuptial Agreements.
                May the Court Consider Tax Issues?
                May the Court Award Attorneys' Fees?
           Financial Rights
                Child Support.
                     What Are The Child Support Guidelines?
                     What Other Factors Determine Child Support?
                     When Can Child Support Awards Be Modified?
                     How is Child Support Enforced?
                     Until What Age Does Child Support Typically Run?
                Spousal Support.
                     What Factors Affect the Spousal Support Amount?
                     Does Fault Affect Spousal Support?
                     Will the Court Award Temporary Spousal Support Before Divorce?
                     What Are Some Examples of Spousal Support Awards?
                     When Might Spousal Support Be Modified?
                Health Insurance.
                     Must The Payer Keep The Spouse On His/Her Health Insurance?
                     Must The Payer Keep The Children On His/Her Health Insurance?
                Property Division.
                     Property Division General Discussion.
                          What is the Overall Approach to Property Division?
                          What is Separate Property?
                          What is Marital Property?
                          May Separate Property Be Divided?
                          How Do We Divide Part-Marital / Part-Separate Property?
                          Do Courts Consider Fault In the Property Division?
                          What Factors Do Courts Consider in Property Division?
                          What Are Some Examples of Property Divisions?
                     The Home.
                     Pension Plans and Social Security.
                          Can Pension Plans Be Divided?
                          What is the "Marital Portion" of a Defined Benefit Pension Plan?
                          Can Military Retirement Pay Be Divided?
                          Can Social Security be divided?
                     The Business.
                          What is the "Marital Portion" of a Business?
                          How is Goodwill Counted?
                          At What Date Do We Value the Business?
                     Professional Degrees.
                     Gifts.
                     Debts.
                          At What Date Do Debts Become Separate?
                          Are Any Debts Chargeable To The Other Spouse?
                     Life Insurance on the Payer.
                     Disability Benefits.
                     Personal Injury Money.

 

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Last Update June 29, 2006
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