Divorce is a complicated legal process, and it can be full of unpleasant surprises and frustrating delays. A general understanding of what’s likely to happen may help you feel a little more comfortable during what is undoubtedly a very uncomfortable time.
Montana courts have jurisdiction over all property of the parties to a dissolution, regardless of the origin of the property or in whose name it is titled, and will equitably divide the property between the parties. In making an equitable division, Montana courts will often first award premarital property and inheritances to the person who originally owned the property. All remaining property is then divided equitably, with a common benchmark of an approximately 50/50 division of the core, “joint” marital property.
Disputes over the division of property usually arise from disagreements over whether certain property is premarital or inherited, and the value of various pieces of property.
For the division of property in dissolutions of marriage, determinations are made based upon an equitable division of property. Division of property is an additional issue in Dissolutions of Marriage (Divorces).
Aside from the distribution of marital assets and obligations, the other main function of the Judge is to set a parenting plan. Judges base their decisions as to how to allocate parenting time on a set of statutory factors formulated to promote the “best interest” of the child, so the decisions can vary drastically from case to case and Judge to Judge.