Divorce

Divorce Attorney in Montana

Need a divorce attorney in Montana? Our attorneys possess a wealth of knowledge and experience pertaining to the difficult times inherent in nearly every divorce. From business valuations to property distributions, alimony and child support, our team is here to help you navigate the present with an eye towards, and a plan for, your future.

At Gibson Perryman we know all about the burden a divorce brings upon one’s family and we are here to calmly guide you through the process. With the assistance of an experienced attorney at Gisbon Perryman who safeguards your rights and interests throughout the process, you will be left feeling less overwhelmed.

With an impressive legacy spanning almost a century of combined experience, our seasoned team of attorneys stand poised and resolute, radiating the expertise that only time and dedication can cultivate. The bedrock of this accumulated wisdom fuels our unshakable confidence in our abilities to adeptly manage and advocate for your divorce case. We understand divorce is an overwhelming topic, so we are here to help.

While we do not have a physical office in Montana, we are able to work fully remote with all of our clients. Our attorneys will travel to the State of Montana for matters that make it to trial.

Grounds for Divorce in Montana

Montana is a no-fault divorce state. This means that you don’t need to prove that your spouse did something wrong to get a divorce. The only ground for divorce in Montana is irretrievable breakdown of the marriage.

To prove irretrievable breakdown, you must show that:

You and your spouse have lived separate and apart for at least 180 days before filing for divorce.
There is serious marital discord that has adversely affected your or your spouse’s attitude toward the marriage.

What is the Divorce Process in Montana?

The divorce process in Montana generally involves the following steps:

Separation: You and your spouse must live separate and apart for at least 180 days before filing for divorce.
Filing for Divorce: The spouse who wants to get a divorce must file a petition with the court. This petition will include information about your marriage, children (if any), property, and your request for divorce.
Service: The filed petition must be served on your spouse. This can be done by a process server or by certified mail.
Response: Your spouse has a certain amount of time to respond to the petition. They can agree to the divorce, contest the divorce, or file a counterclaim.
Discovery: During the discovery phase, both parties may gather information from each other to prepare for the case. This can include interrogatories, requests for documents, and depositions.
Mediation or Negotiation: Many couples attempt to resolve their differences through mediation or negotiation before going to trial.
Trial (if necessary): If the parties cannot reach an agreement, a trial will be held to determine issues such as property division, child custody, child support, and spousal support.
Decree of Divorce: If the court grants your divorce, it will issue a decree of divorce. This document officially ends your marriage.

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Divorce FAQs

How is property divided during a divorce?

In Memphis, several factors determine spousal support or alimony in a divorce, and working with an experienced divorce attorney or family law attorney can help you understand how these factors apply to your case.

Courts typically consider the length of the marriage, the earning capacity of each spouse, the standard of living established during the marriage, and each spouse’s financial needs and obligations. Other factors may include the age and health of both parties, contributions to the household or career of the other spouse, and any history of marital misconduct.

A skilled divorce lawyer can guide you through the process of requesting or contesting spousal support, ensuring that your financial rights are protected and that any alimony award is fair and appropriate under Memphis law.

What protections are available in divorce cases of domestic violence?

In cases of domestic violence, a family law attorney or divorce attorney can help you secure legal protections to ensure your safety and the safety of your loved ones. Tennessee law allows victims to obtain restraining orders, protective orders, or orders of protection, which can prevent the abuser from contacting or approaching you.

These orders may also address child custody, visitation, and temporary support. An experienced divorce lawyer can guide you through filing these orders, represent you in court, and help you understand your rights while making sure the abuser is held accountable under the law.

Do I need a family law attorney for mediation or collaborative divorce?

Even in mediation or a collaborative divorce, having a family law attorney or divorce attorney is highly recommended. An attorney can review agreements, protect your rights, and provide legal guidance during negotiations.

We help you understand the implications of property division, child custody, and support arrangements, ensuring any settlement complies with the law. Gibson Perryman can guide clients through mediation or collaborative processes while safeguarding your interests with the support of an experienced divorce lawyer.

What is the process for filing for divorce?

Filing for divorce in Tennessee typically begins by hiring a Memphis divorce attorney or divorce lawyer who can guide you through the legal process. The first step is to file a petition for divorce with the appropriate court, stating your grounds for divorce.

A family law attorney will help ensure all required documents are completed correctly, assist with serving the petition to your spouse, and advise on issues such as property division, child custody, and support. Throughout the process, an experienced divorce attorney helps protect your rights and works to reach a fair resolution, whether through negotiation, mediation, or litigation.

What factors determine spousal support or alimony in a divorce?

In a divorce, several factors determine whether spousal support, or alimony, will be awarded and in what amount. Courts consider the length of the marriage, each spouse’s income and earning capacity, the standard of living established during the marriage, and any contributions made to the household or to the other spouse’s career.

A family attorney can help you understand how these factors apply to your case, while a custody attorney may provide insight if child custody arrangements could influence financial obligations. Experienced marriage lawyers can also guide clients through negotiating or litigating alimony, ensuring that your rights and interests are fully protected throughout the process.

How long does the divorce process typically take in Memphis?

The length of the divorce process in Memphis can vary depending on factors such as the complexity of property division, child custody arrangements, and whether the spouses can reach an agreement outside of court. A typical uncontested divorce may be finalized in a few months, while contested divorces can take a year or longer.

Working with an experienced family attorney can help streamline the process, ensure all necessary documents are filed correctly, and provide guidance on alimony or custody matters. Skilled marriage lawyers can also advocate for your interests, helping to resolve disputes efficiently and protect your rights throughout the divorce proceedings.

Can I modify a divorce decree after it has been finalized?

Yes, in Memphis, it is possible to modify a divorce decree after it has been finalized if there is a significant change in circumstances, such as changes in income, relocation, or the needs of the children. A qualified family attorney can help evaluate whether a modification is justified and guide you through the legal process.

A custody attorney can assist with adjustments to child custody or visitation arrangements, while experienced marriage lawyers can provide advice on modifying alimony or support provisions. Working with skilled legal counsel ensures that any changes to the divorce decree protect your rights and the best interests of all parties involved.

What steps should I take to protect my assets during a divorce?

To protect your assets during a divorce in Memphis, it’s important to take proactive steps with the guidance of experienced family attorney. Start by documenting all property, accounts, debts, and other financial holdings. A custody attorney can help ensure that child-related assets and support are properly accounted for, while marriage lawyers can advise on how alimony or spousal support may impact asset division.

Working with skilled legal counsel helps you understand your rights, negotiate equitable settlements, and safeguard your financial interests throughout the divorce process.