Montana Joint Petition for Divorce Instructions - With Children

1 attorney answer Although a child's wishes are one factor among many the court must consider in determining the child's best interests, a minor child never gets to "decide" which parent to live with.

Generally, the divorce papers do not need signatures from both parties to move forward. There is little need to ensure that the other spouse is in agreement to end the marriage legally. However, if both spouses are amenable to the process, it can permit both to progress through the divorce amicably.

Child's Wishes for Custodial Parent is Currently Up to Judge's Discretion. Currently, there is no specific age where the Court will consider the wishes of a child in deciding custody matters.Currently there is no specific age where the Court will consider the wishes of a child in deciding custody matters.

The fact is that California is a no fault state and you do not need your spouse's signature in order to get a divorce.If your spouse fails to file and serve you with a response, you can file a request for default against your spouse after 30 days. You can also file a proposed judgment for the court to approve.

Child custody laws in Montana allow judges to take a child's wishes into account as a single factor in custody determinations, but will not allow any child under 18 to unilaterally decide which parent to reside with.

Generally speaking, even if the consent of only one parent is required, it is clinically appropriate to obtain the consent of both parents. Therapists can inadvertently alienate a parent by failing to seek the consent of that parent prior to the commencement of treatment.

Firstly, a joint petition for dissolution of marriage for a decree of divorce is to be presented to the family court by both the spouses on the ground stating that they have not been able to live together and have mutually agreed to dissolve the marriage or they have been living separately for a period of one year or

If a child is at least 14, the law allows the child to state a custodial preference, unless the judge believes doing so would be detrimental.Children can't choose where to live until they are 18 years old.

A minor does not have a right to choose his residence, and is subject to the custody and control of his parent or legal custodian until emancipated.If the mother is awarded custody, grandparents' visitation may be granted if the court determines that the visitation is in the best interest of the child.