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:

1. Separation: You and your spouse must live separate and apart for at least 180 days before filing for divorce.
2. 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.
3. Service: The filed petition must be served on your spouse. This can be done by a process server or by certified mail.
4. 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.
5. 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.
6. Mediation or Negotiation: Many couples attempt to resolve their differences through mediation or negotiation before going to trial.
7. 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.
8. Decree of Divorce: If the court grants your divorce, it will issue a decree of divorce. This document officially ends your marriage.