Fox Law Firm Blog
What is a Guardian ad Litem?
If you are a parent going through a divorce or child custody case, you may have heard the term “Guardian ad Litem,” or “GAL” for short. While there are many applications for a GAL, I am going to talk about how GALs work specifically in a divorce/custody setting, with no child abuse or neglect involved. Who can be a Guardian Ad Litem in Montana? A Guardian ad Litem in Montana is an individual appointed to represent the best interests of your child or children in the divorce/custody proceeding. Just about anyone can be a GAL, but usually it is...
Alimony Basics
Alimony is the common name for what is termed as “maintenance” in Montana, or you can just think of it as “Montana alimony.” Or, some call it “ali-moan-y” because they do not want to pay it! Whatever you call it, and I will call it maintenance, it is something that must be considered in some divorces. Just to set expectations from the beginning, I generally tell people that Montana courts do not generally favor maintenance awards. That is not to say that they do not happen, but they are not a “sure thing” in most situations. Still, every...
How to Handle Problems With a Difficult Judge
One question I get a lot is if a party can change their judge. The answer is generally no. However, I will explain this answer more in depth. When I was in law school, Supreme Court Justice Antonin Scalia came to speak to us. He referred to district court judges as “tiny tyrants,” which is honestly not too far off. Does that mean they are all tyrannical? No, not at all. Most judges I have practiced in front of command respect by virtue of their level of experience, and their deft handling of tricky situations. What he...
DIY Divorce
Updated June 2022. One thing I usually tell potential clients in an initial consultation is this: you do not NEED a lawyer to get divorced. Many are surprised to hear this come out of a lawyer’s mouth. However, I think it is better to give people information and let them decide their own course of action from a position of empowerment. When you are doing a do it yourself divorce in Montana, you will need to be cognizant of any local rules that might be involved in your jurisdiction. You can review rules by district here, but it can...
A Guide to Representing Yourself in Court in Montana
Updated June 2022. There is a middle ground between representing yourself in Court (which is referred to as being “Pro Se”) and hiring an attorney to fully represent you in Court (which is referred to as “full representation”). This post is intended to act as a guide to representing yourself in Court. Although I always recommend seeking counsel if needed, you have more options at your disposal than you might think. I always think it is best if individuals feel empowered in their legal journey, instead of feeling disempowered. This might look...
Things You Should Know About Family Law in Montana
Family law in Montana is a diverse and expansive area of law. In general, family law is an area of the law where the law and family matters intersect. I do not really think that the law is the best place to deal with family matters, but it is what we have right now in these situations, so we make do! While there are many intricacies of Montana family law, I will focus on what generally matters to my clients, which are divorce, child custody issues (including child support), and adoption. As always, I am speaking in generalities. If you...
7 Tips for Finding the Best Family Lawyer For You
You are on the hunt for a Montana divorce lawyer, or a Montana law firm to represent you in your divorce. Finding the best Montana divorce lawyer for you is an important, personal selection at a difficult time of your life. But, it is not so easy to find someone that you align with and trust for this extremely emotional, important time in your life. Luckily, I have a few tips on how to find the best person to help you through this tricky transition. Tip #1: If it doesn’t feel right, it isn’t. If it doesn’t feel right, it isn’t. Let’s...
Retainer Lawyer Services Explained
There are a number of specialties within the law that lend themselves to requiring a legal retainer. A few areas that tend to require retainers are family law, criminal law, estate law, contract law, and property law. Family law CANNOT be done on a contingent fee basis, pursuant to our ethical guidelines, so it must be done on an hourly pay or flat fee basis. Because most family law cases are really time consuming, lawyers require a retainer to be paid up front. Criminal defense is another area that lends itself to the requirement of a...
Would a Flat Fee Divorce Lawyer Work for You?
You have, unfortunately, found yourself googling “divorce lawyer montana.” Now you must decide how you want to proceed legally. Luckily, you have more options than ever. Two of those options are: flat fee divorce and a traditional divorce. I’ve already gone over the basics of flat fee lawyers vs. a retainer lawyer, and the basics of flat fee lawyer services. Here are some pros and cons of each path. Pros and Cons Pros of a Flat Fee Divorce Lawyer Cost effective because it is a fair, set price and you will NEVER get an additional bill...
How to Protect Children During Divorce
Divorce is difficult for everyone involved, but it is the hardest on the children during divorce. Children do not make the decision for the divorce to occur, but have to deal with many of the ramifications. Luckily there is some guidance on how to help children during divorce: 1. Get therapeutic help for your child. Even if the child seems ok, having a therapist available for your child gives them a supportive resource. Two of the most important people in the child’s life are involved in a conflict, so having a neutral, trained therapeutic...
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Flat Fee Lawyer Services [Complete Guide]
Have you heard the term “flat fee lawyer” and not known what it meant? I am going to give you a complete primer in flat fee lawyers and services. A flat fee lawyer performs a specifically defined legal service for a set, flat fee. Once you pay the flat fee, you do not have to pay any more (unless you hire the lawyer for another service). Therefore, you are able to get a particular legal service performed for you for an set, unquestionable fee. With a flat fee lawyer, you will not feel “nickeled and dimed” when you reach out with...
Flat Fee Vs Retainer Lawyer: Which is Best?
Clients are no longer limited to the classic “retainer lawyer” when seeking legal assistance. Flat fee services are the new kid in town, and they are making a splash in the legal world. A flat fee attorney is not the perfect fit for every situation, but they can be a great fit. Flat Fee Services: The Basics Flat fee services are specifically listed legal service(s) provided for one, flat fee. You never pay more for the service listed/agreed upon. The lawyer completes your work, you never have to see a bill or worry about replenishing a...