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Missoula Montana Family Law Blog

3 facts about equitable distribution

When a couple goes through a divorce, all of their marital assets need to be divided between spouses. Marital assets are counted as any property that is acquired during the marriage by either spouse, with the exception of gifts, inheritances and damages awarded by lawsuits.

The state that you are divorcing in determines the way in which assets are distributed. In the state of Montana, marital assets are distributed equitably. This means that they are generally distributed in a way that is considered to be fair and just according to the circumstances. The following are three facts that you should know about equitable distribution when going through a divorce in Montana.

3 facts about divorce in Montana

Making the decision to file for divorce is never easy. You may feel like you have failed in some way by admitting that your marriage is over, but the important thing is that you remain committed to pursuing a fulfilled and happy life for your sake and your children.

The divorce procedure can vary significantly across the United States; therefore, it is important that you pay particular attention to the law in the state in which you are filing for divorce. The following are three key facts that you should know about divorce in Montana.

Why should I pay child support?

As a noncustodial parent, you may be concerned that the other parent of your child is going to ask you to pay child support. Of course, child support is a significant cost that might seem unnecessary or unaffordable. You may feel that the other parent of your child threatens to file for child support as a form of revenge against you and that it's a form of manipulative behavior.

While paying for child support can be costly, you should take the time to recognize the positive aspects. If you are currently making voluntary financial contributions to your child's upbringing, they may be inconsistent and cause arguments between you and the other parent. The following are some reasons why choosing to pay child support could actually be beneficial for yourself and your child.

Divorce provisions in Montana

The process of divorce is a serious issue, and it's not a decision that you can or should take lightly. To prevent people from making the rash decision to go through a divorce without thinking things through, you must give a good reason why divorce is necessary.

In many states, you can choose to blame your spouse for the breakdown of the marriage when filing for divorce. For example, you may want to argue that your spouse was unfaithful or was abusive toward you. A spouse being blamed for the breakdown of a marriage has the right to defend themselves. However, some states a considered "no-fault" states, which means that it's possible to file for divorce without blaming your spouse. Montana is one of these states.

How an alcoholic parent can cause short-term and long-term harm

If you're divorcing a co-parent who struggles with alcohol abuse, you may be hesitant about sharing custody with them until they stop drinking. You may be torn between your wish for your children to continue to have a relationship with their other parent and your concern for their physical and emotional health and safety.

That's a valid concern. Psychologists and other mental health professionals say that being exposed to a parent who abuses alcohol can have short- and long-term consequences for a child. Let's look at some of those consequences:

High support bill? Child support should be fair

Child support is sometimes a contentious issue because one parent is left to pay a large bill each month. If they have more than one child, the amount they pay can add up to a fairly high percentage of their take-home income.

For some people, trying to live comfortably and pay child support at the same time is difficult. Parents are often asked to support their child in their own home, through child support and then to take care of themselves on top of it all. It can be hard, but it's possible if the calculations are done accurately.

Factors to consider before deciding to divorce

Making the decision to file for a divorce could be one of the toughest decisions you will ever have to make. That's why you probably won't come to a clear conclusion overnight. You may spend months or even years thinking about whether it's possible to save your marriage.

If you are edging closer toward the idea of filing for divorce, you may be hesitant because you don't know if you've considered everything. The following are some key factors that you should consider before taking definitive action to file for a divorce.

Tips for modifying child support in Montana

If you are a parent who pays child support, you know how important the payment is for your child's upbringing. However, you may struggle to meet the payments every month, especially if you have recently encountered a period of financial struggle.

While all parents with child support orders are legally obliged to pay what they owe, no parent should be in a position where they cannot afford to pay child support. This is because child support payments are calculated based on income. Therefore, if you have recently become unemployed or are earning a lower amount than usual, you should make sure that your child support obligations are modified in accordance with these changes. The following are some tips for modifying your child support order in Montana.

Going through a divorce during pregnancy

Going through a divorce is always going to be a stressful and heartbreaking event. But dealing with an additional stressor such as pregnancy can make the entire situation much more difficult to handle.

Being pregnant means that you will want to try to keep stress levels low for the health of your unborn baby. However, the divorce process could make it difficult to relax and enjoy your pregnancy as you should. The following are some tips for going through a divorce while pregnant.

Understanding divorce laws in Montana

Every state varies when it comes to how divorces are processed. This is why you should look into the laws that apply specifically to the state that you are planning to divorce in before taking action to file.

The following is an overview of the divorce laws that are in place in Montana. If you are considering filing for divorce in Montana, you will first need to ensure that you are eligible to file.

Cunningham Law Office is a family law-focused firm in Missoula, Montana. We serve Missoula, Ravalli County, and the surrounding area.