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Divorce And Legal Separation In Montana
Facing Divorce In Western Montana
Facing the end of a marriage is hard, even when you know it is the right step. Our Missoula divorce lawyers help clients throughout Western Montana understand the process, set priorities, and move through dissolution with as little chaos as possible. At Bulman, Jones & Cook, we focus on practical solutions that protect your rights and put you in a position to rebuild.
How Divorce Works In Montana
Montana law calls divorce a "dissolution of marriage," but the goal is the same: to legally end the relationship and resolve property and family issues. One spouse must meet residency requirements, and the court can grant a dissolution based on the marriage being irretrievably broken, without proof of fault. The final decree typically addresses division of assets and debts, spousal support when appropriate, and parenting arrangements if you have children.
Dividing Property And Debt Fairly
Montana follows an
equitable distribution standard, which means marital property and debts are divided fairly, not always fifty-fifty. Marital property often includes assets gained during the marriage, such as homes, retirement accounts, vehicles, and business interests, and the court can consider both financial and nonfinancial contributions. Bulman, Jones & Cook handles everything from dividing a Missoula home to valuing retirement accounts and closely held businesses so you understand what is on the table.
Spousal Maintenance And Support
Spousal maintenance, often called alimony, is not automatic in Montana. Courts look at whether one spouse needs financial support to meet reasonable expenses and whether the other spouse has the ability to help after the divorce. Our team presents clear information about income, work history, and health so any spousal support decision reflects real needs rather than guesswork.
Legal Separation Versus Divorce
Some couples prefer legal separation instead of immediate divorce for personal, financial, or insurance reasons. Legal separation follows a similar path to dissolution, including decisions about property, support, and children, but the marriage itself is not formally ended. Bulman, Jones & Cook can help you decide whether legal separation or full divorce better fits your situation and long term plans.
Complex, High Conflict, Or High Asset Divorce
Divorce becomes more complicated when there are significant assets,
family businesses, or sharp disagreements about money or parenting. We use tools like formal discovery, subpoenas, and expert valuations to uncover hidden accounts, understand business value, and document the full financial picture. In contested cases, our firm blends negotiation with the willingness to try cases in Missoula and other Montana courts when reasonable settlement is not possible.
How long does a divorce take in Montana?
How long does a divorce take in Montana?
The timeline depends on whether your case is contested or uncontested. A simple, uncontested dissolution can often be resolved in a few months once paperwork is complete and the court can schedule a hearing. Contested divorces with property or parenting disputes can take longer while evidence is gathered and negotiations or hearings occur.
How is property divided between spouses?
Montana courts look for a fair result based on the length of the marriage, each spouse's contributions, and future earning ability. Property acquired during the marriage is usually considered marital, while premarital or inherited property may be treated differently. We help you separate what is marital from what is separate and present a clear proposal to the court or the other side.
Do we have to go to court if we agree on everything?
If you agree on all major issues, you can often resolve your case with a written settlement and a brief court appearance to finalize the dissolution. The judge still needs to review and approve the agreement, but there is usually no trial. We draft the documents and guide you through the final hearing so the process stays straightforward.
What if my spouse does not want the divorce?
Montana is a no fault state, so one spouse's belief that the marriage is irretrievably broken is usually enough for the court to move forward. The other spouse can participate and raise issues about property or parenting but cannot block the divorce forever. We help you move the case ahead even when emotions are high or communication is difficult.
Can I change my name during the divorce?
Yes, you can ask the court to restore a former name as part of the final decree. This request is usually straightforward and does not affect other issues in the case. We simply include the name change language in your divorce paperwork so the court can order it.
Talk With A Missoula Divorce Lawyer
Divorce or legal separation in Missoula, Lolo, Frenchtown, or other Western Montana communities is easier with steady guidance on your side. Bulman, Jones & Cook will help you understand your rights, explore settlement options, and stand up for you if court becomes necessary. Call 406 721 7744 or send a message to schedule a confidential consultation with a Missoula divorce lawyer.
