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 have a specific question about your situation or one of these areas of the law, please feel free to reach out to schedule a consultation.
Divorce
Divorce is probably the first thing you think of when someone mentions “family law in Montana.” In my practice, divorce encompasses my largest practice area. In general, the laws encompassing divorce in Montana are located here. When talking about divorce, there are multiple aspects to consider.
First, the marriage itself may be an issue. Was it valid? Is someone claiming a common law marriage? These are issues that can and do arise as an initial consideration in a divorce.
Secondly, we look at if there are children, and what is in their best interests. There are a number of factors at issue, as you can see per the statute, but generally the Courts look to give children as much time as possible with both parents IF both parents are safe and healthy parents to the child(ren). The older a child is, the more their opinion matters to the Court. Generally, parents are able to settle on a parenting plan themselves, either by working together, or through mediation. If that is not the case, the matter proceeds to Court and is adjudicated by a judge.
Third, we look at property. This includes awards of maintenance (alimony), if applicable or if requested. I have written a little about maintenance on my blog. Otherwise, Montana is not what is referred to as a “50/50 state.” The division of property in Montana family law, per the statute, is “equitable apportionment.” This means that the Court will weigh your factual situation against the factors set forth in the statute, and come up with a property distribution. However, just like with parenting, most people settle this on their own, either by working together or through the mediation process.
Child Custody/Child Support
Of course, there are many cases where child custody is in question, but there is no marriage to dissolve. In these situations, the same law applies as in divorce. Basically, the court will look at what is in the best interests of the children pursuant to the factors set forth in the statute. The process is essentially the same as with a divorce, without the extra divorce “stuff.”
A consideration in any family law case is that usually you will be ordered to mediate before the Court will hear your case. An exception to this rule is if there has been abuse in your relationship with the opposing party or from one parent towards a child. However, mediation is usually a very successful process that leads to the resolution of your case without court involvement.
Another consideration with cases involving child custody is child support. You guys can agree to a child support amount in accordance with the Montana Child Support Guidelines, or you can turn it over to the Child Support Services Division (CSSD). It is my experience that CSSD does a pretty good job, and it is a lot less of a pain to you (especially if your ex is tough to deal with).
Adoption
Another interesting area of Montana family law is adoption. You have your classic adoptions, which can be private or through the state. And, then you have stepparent adoptions. I get a LOT of questions about stepparent adoptions.
Stepparent adoptions are really easy if the biological parent agrees to it. They are really hard if the biological parent does NOT agree to it. If the biological parent does not agree, their rights have to be terminated. Terminating a parent’s rights is a very difficult process, and is very unlikely to succeed if they contest the issue. That’s not to say it can’t happen, but the odds are not in your favor.
Otherwise, regular adoptions are generally the happiest thing that can happen in a courtroom and are a very happy family law case to handle.
FAQs
Include a few frequently asked questions that could apply to some of the specific services or just apply in general to flat fee services. Are there specific questions you get asked a lot in regards to these services? You can include 2 or more FAQs. Try to keep these questions very general, not specific to your business, but to Family Law in Montana in general.
Do judges have a preference for moms in family law cases?
I am asked this question frequently. It is my experience that judges dealing with family law cases in Montana are very egalitarian between moms and dads. If left up to a judge, the final outcome is very judge specific and case specific. There are judges that tend to favor moms or dads in general, and there are some that are almost always 50/50 barring some factual reason to do otherwise.
If my child is over 14 can they pick their parenting plan?
NO. This is a very common misconception. If your child is over 14 and wants a parenting plan amendment, it is considered as a factor the judge must weigh. Otherwise, under the “best interests of the child” statute, a child’s wishes ARE considered a factor. But, nowhere in the law does a child automatically get to pick when they are 14.
If we agree to everything, do we have to go to Court?
Nope! You can file joint dissolution paperwork, sign a joint affidavit to forego a final hearing, and get divorced without ever setting foot in a courtroom. This type of divorce, called a joint dissolution, is one of my specialties.
Let Fox Law Firm Help You!
If you are looking for a family law attorney to help you, please consider looking at some of my other blog posts on selecting a family law lawyer, and contacting a family law lawyer. The foregoing is a very basic portrait of family law in Montana, and a good Montana family law lawyer can go over your case and give you your options in full. Feel free to contact us to schedule a consultation!
Recent Comments