The following form is a Property Settlement Agreement including a Child Support, and Custody Agreement (which is somewhat unusual in an annulment situation).
Montana Annulment Property Settlement, Child Support, and Custody Agreement
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How to fill out Annulment Property Settlement, Child Support, And Custody Agreement?
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FAQ
How does Montana divide our assets? Montana is an equitable distribution state, meaning your community and separate assets will be divided as fairly as possible based on various factors such as each spouse's financial status, their contributions during the marriage and their needs for the future.
The court can declare a marriage void based on the following grounds: Bigamy- one of the spouses is already married. The marriage was never consummated. One of the parties is underage (16 or younger) without parental consent.
In Oklahoma, there is a law that says when children are 12 years old, they are allowed to express a preference to the court about custody and visitation. Now, what does that mean? It means there's a presumption that a 12-year-old is old enough and mature enough to express an intelligent preference.
Prior to the age of 18, the court and the state does not consider minors to have the capability of making a full determination of where they want to establish their residency. Therefore, the age of majority is the only age in which they can make such a decision.
Montana is an equitable distribution state. This means the marital property will be divided fairly and equitably but it does not mean that property will be split on a 50/50 basis. Courts must first determine which property is separate and which property is a marital asset.
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.
Evidence of physical abuse, or threats of abuse, by one parent against the other parent or child. Substance abuse by a parent. Whether one parent has been convicted of certain violent or sexual crimes. A parent's untreated mental health issues that impact the child.
There's no set age in Montana at which a judge must give consideration to a child's preferences. Rather, the judge will look at the unique circumstances of each case. As a general rule, the older a child is, the better the chance of a judge taking the child's wishes into account.
