1.) A Will that meets your specific needs
2.) A Written Revocation of Prior Will
3.) A General Power of Attorney with Durable Provisions
4.) A Statutory Equivalent of Living Will
5.) A Name Change Notification Form
6.) Personal Planning Information and Document Inventory Worksheets.
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People choose legal separation instead of divorce because of religious beliefs, a desire to keep the family together legally for the sake of children, the need for one spouse to keep the health insurance benefits that would be lost with a divorce, or simple aversion to divorcing despite the desire to live separate
The court fees for filing the paperwork for a basic divorce in a Montana court is $200.00. However, the total costs for a divorce can be much higher - especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.
It gives you time to decide if you really want to split. It allows you to separate if you cannot divorce. It allows you to easily make arrangements for children. It makes divorce easier. It makes life after divorce easier.
WHAT ARE MY PROPERTY RIGHTS IN A MONTANA DIVORCE? Montana is an equitable division state, not a "community property" state.
Mistake #1: using your divorce proceedings to get back at your spouse. mistake #2: confusing material needs with emotional needs. mistake #3: letting other people define and prioritize your needs. mistake #4: embarking on an adversarial process without. mistake #5: not thinking about the family's finances as a whole.
Advantages of Uncontested Divorce The most apparent advantage of uncontested divorce, of course, is its cost. With the exception of the pro se divorce, an uncontested divorce that stays uncontested divorce is almost always the least expensive way of getting divorced.
Montana has a "no fault" divorce law. To grant a divorce, the court must determine that: a) the couple has lived separately and apart for more than 180 consecutive days before the petition for divorce is filed; or b) there is serious marital discord between the parties and no reasonable prospect of reconciliation.
A legal separation is a popular alternative to a divorce when the parties are unsure of the state of their marriage but want to establish financial boundaries and responsibilities, such as separation of assets, custody of dependents, and child support.
Since couples who separate are still legally married, they still enjoy the many benefits of marriage. Separated spouses are still entitled to participate in family health insurance plans, receive spousal retirement benefits, and take advantage of income tax benefits by filing a joint return.
