This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Montana Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition
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How to fill out Affidavit Of Defendant Spouse In Support Of Motion To Amend Or Strike Alimony Provisions Of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition?
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Montana is an equitable division state, not a "community property" state. The difference is Montana courts weigh multiple legal factors to determine an equitable division of the marital estate versus the assumption that all property is community property regardless each spouse's contributions.
In Montana, there are no specified requirements for a spouse to complete to get alimony. Instead, the court examines several variables when deciding whether alimony should be given and how much alimony should be paid. The court may award alimony based on a series of factors: The duration of the marriage.
In Montana, the court considers several factors when determining alimony, including the length of the marriage, each spouse's financial resources and the standard of living established during the marriage.
In Montana, an appeal from a divorce or dissolution case must be filed within 30 days after the entry of judgment. If you fail to file your appeal before that deadline, you may lose the ability to appeal. However, there are procedural issues which can occasionally extend the window for filing.
Does Montana Require a Separation Period? No. In Montana, a couple may file for divorce if the marriage is irretrievably broken. One way of showing a marital breakdown is if you and your spouse have lived apart for at least 180 days.
Montana is strictly a "no-fault" divorce state.
Overview of Alimony in Montana For a Montana court to award alimony, the court must decide that a spouse doesn't have enough property or funds to pay for reasonable needs. The court also has to find that the spouse can't work or has childcare duties that would make it inappropriate to work. (Mont. Code Ann.
Montana is an ?equitable property division? state. This means that your href=?//.lawinfo.com/resources/divorce/common-grounds-for-divorce.html?>earnings during the marriage are yours to keep. Your spouse also has the right to ?not share? his or her wages with you unless the court grants alimony or spousal support.