Montana Dissolution of Unit
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FAQ
Hear this out loud PauseFactors Considered in Dividing Property It will look at the length of the marriage and the spouses' ages, health, occupation, and income. The court also considers the spouses' skills and employability, and any liabilities. Liabilities, or debts, must be divided at divorce.
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.
Hear this out loud PauseSummary dissolution proceedings This action is for people who agree on the terms of the dissolution. This process is good for people who do not have children. It can also work for people who do have children, but you and your spouse need to already agree on parenting arrangements.
Hear this out loud PauseGetting an Annulment in Montana When a marriage is invalid, a spouse (or a representative for a spouse in some cases) may file papers for an annulment in the Montana district court where one of the spouses lives. No case for annulment can be brought after the death of one of the spouses.
You list all the assets, and debts (debts should be divided as well) acquired during the marriage. Then you figure out the net value of the asset or debt. Then you start dividing the assets or debts and watch the total at the bottom. One spouse can take 100% of the house, while the 401K is divided 60% / 40%.
Hear this out loud PauseNo-Fault Dissolution means that a party does not need a reason for filing for a dissolution of marriage. That is, in Montana, a person can ask the court to end their marriage simply because they do not want to be married anymore.
In Montana, each spouse's separate property is subject to ?equitable division.? This basically means that a judge gets to decide how the property should be divided. There is a statute, MCA 40-4-202, and a court decision, In re Funk, that provide the factors a court considers when dividing up the property.
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.
