Bozeman Divorce Attorney

You might not be sure that you’re ready to get divorced yet. Or you are sure, and you are dreading what comes next. Either way, the real question usually comes down to money or kids. Will I keep the house? Will I have to sell the business? How often will I see my children?

Montana law provides guardrails to answer those questions, but family law is the grayest area of law. This is what makes having the right attorney so important. The part nobody can predict is your spouse. So we start by sorting out what is actually in dispute, because that decides how long this takes and what it costs.

Skyler Anderson leads the firm’s family law practice and specializes in divorces for the Bozeman office. Her work centers on the kind Bozeman produces most: a business to distribute and real estate that significantly appreciated in value.

Montana calls divorce “dissolution of marriage,” and it is no-fault. You only have to show the marriage is irretrievably broken, either because you have lived apart for more than 180 days or because serious marital discord affects how one or both of you see the marriage. One spouse must have resided in Montana for 90 days.

Those rules come from MCA § 40-4-104. The judge will not decide who was to blame, although conduct, such as dissipation of the marital estate – think draining accounts, spending significant amounts of marital funds on illicit behaviors, etc. – can still affect how property is divided.

Your case is heard by the Gallatin County District Court, which is located at 515 South 16th Ave, Bozeman, MT 59715.

What Happens In The First Few Weeks

Two things kick in early, and both surprise people.

The moment a petition is filed, an automatic economic restraining order takes effect under MCA § 40-4-126. In general, it stops both spouses from selling, hiding, or giving away property except in the usual course of business or for life’s necessities, and from changing insurance beneficiaries while the case is open. Moving money to “protect it” after filing is the wrong strategy.

Then, within 60 days of service, unless otherwise agreed, each of you must provide the other a sworn financial disclosure listing your assets, debts, income, and expenses (MCA § 40-4-252). Montana takes this seriously. An asset left off the final disclosure can be awarded entirely to the other spouse.

If you need rules while the case is pending, like who stays in the house or a temporary parenting schedule, the court can issue temporary orders under MCA § 40-4-121.

How Long a Bozeman Divorce Takes

No decree can be entered until at least 21 days after service. In practice, it is longer, though. Once an agreement is reached, which must include a distribution of all marital assets and liabilities, you can request that the Court issue your final Decree without a hearing. (MCA § 40-4-108(4)). Uncontested divorces – often called a joint dissolution, mean that you have already agreed on the distribution of the marital estate and thus the Court can issue your decree at the time of filing. Contested cases range greatly in the length of time – depending on how litigious the case is and what issues are at the core. Generally, contested divorces take between nine to twenty-four months.

If you have minor children, your divorce also has to produce a parenting plan and a child support order. If the parents aren’t able to agree upon a parenting plan that is approved by the Court, a judge sets a parenting plan based on the best interest of the child under MCA § 40-4-212, and support is calculated under the Montana Child Support Guidelines.

One timing issue catches families new to Bozeman: children generally need to have lived in Montana for six months before a Montana court has jurisdiction over the parenting matter.

Our Bozeman child custody lawyer page covers parenting plans in depth, and our Bozeman child support attorney page explains how income is calculated when pay is seasonal or self-employed.

Montana divides property equitably, meaning fairly, under MCA § 40-4-202. There is no automatic 50/50 split. The court can look at property either of you owns, including assets from before the marriage and inheritances, and it weighs factors like the length of the marriage, each spouse’s earning ability, and what each of you contributed.

If you moved here from California, Washington, Idaho, Nevada, or Arizona, set aside what you know about community property. Our Bozeman family law attorney page explains that difference, and our guide to how Montana courts divide marital property goes deeper.

The practical point: nothing is protected automatically. Premarital assets and inheritances often stay with the spouse who brought them in, but only when the records back it up. Old account statements and closing documents from before the wedding can be worth more than any argument. If you signed a prenup, bring it, and we will tell you whether it holds up (see our Bozeman prenuptial agreement lawyer page).

Dissolution, Missoula County. A short-term marriage in which our client brought significant premarital property and an established financial base, but did not have a prenup. The other spouse brought few assets. Through negotiation at mediation, we reached a settlement with an equalization payment below our client’s own bottom-line number, preserving most of the premarital estate.

Every case turns on its own facts. Past results do not guarantee a similar outcome.

If you or your spouse owns a business, its value is often the biggest number in the case and the one most open to argument. Montana courts can divide that value even if only one of you ran the company. The real fight is over what it is worth and who keeps it.

Bozeman is full of these cases: general contractors, outfitters, software companies, technology, restaurants, short-term rental portfolios. None has a price tag, and two honest appraisers can disagree by six figures. Often the party who founded the company keeps the business, so the question becomes how to pay the other spouse’s share without selling it or starving it of cash. Businesses are often worth a significant amount on paper, but those funds are not liquid. Determining the most optimal way to divide an illiquid asset tied up in contracts is imperative.

If your spouse runs the business and you suspect income is being understated or money is flowing out to various third-party accounts, Montana’s disclosure rules, discovery, and a claim for dissipation of marital assets exist for exactly that. This is Skyler’s core practice, and she holds both a law degree and an MBA from the University of Montana.

Contested high-asset dissolution, Glacier County. Our client, the husband and primary earner, owned several businesses from before the marriage, and the estate included substantial real estate. A detailed review of the financial records turned up significant spending by the other spouse that supported a dissipation claim. Using that evidence in negotiation, we reached a settlement in which our client kept all of his businesses and his home and owed no equalization payment.

Every case turns on its own facts. Past results do not guarantee a similar outcome.

A Gallatin County home is often worth far more than what you paid, which can make it the hardest asset to split fairly. One of you can keep it and buy the other out, you can sell and divide the proceeds, or you can trade the house against other assets. The right answer depends on the value and on whether anyone can refinance.

A second home near Big Sky, land held with family, or property in Park or Madison County adds questions about title, rental income, and which valuation date applies.

Montana calls alimony “maintenance,” and it is not automatic. Under MCA § 40-4-203, a judge can award it only if the spouse asking lacks enough property to meet reasonable needs and cannot support themselves through appropriate work, or is caring for a child whose situation makes outside work inappropriate.

Property is divided first, so a larger property award can shrink a maintenance claim or remove it. When maintenance is awarded, the length of the marriage and how long the lower-earning spouse needs to get back to work drive the amount and duration.

A legal separation divides property, sets support, and puts a parenting plan in place, but you stay legally married. Montana grants a separation instead of a divorce when one spouse asks for it and the other does not object (MCA § 40-4-104(2)). The requirements and the process are the same as for a divorce.

People may choose this option for financial purposes, religious reasons, or because they are not ready to end the marriage but need to protect themselves financially or create guidelines for parenting. Two things a legal separation lawyer in Bozeman should tell you up front. It takes the same work as a divorce, so it is rarely cheaper. And it is not permanent if one of you changes course. No earlier than six months after the decree of legal separation, either spouse can ask the court to convert it into a dissolution, and the court must do so (MCA § 40-4-108(2)). If you file for separation and your spouse objects, the case proceeds as a divorce.

Most Montana divorces settle, and mediation is where many of them do. A neutral mediator helps you and your spouse reach an agreement but cannot order anything. You are required to attend mediation prior to trial in any divorce and parenting matter in Bozeman – absent the exceptions below.

If you are looking for a Bozeman family mediation lawyer, know the two roles. The mediator is neutral and cannot advise either of you. Your family mediation attorney is on your side: we make sure you know your numbers and your bottom line before you walk in, and that any agreement is written so it holds up.

Mediation is not right for every case. If the court has reason to suspect that one spouse or a child has been physically, sexually, or emotionally abused by the other, it cannot order or continue mediation unless each of you gives written, informed consent. If that is your situation, tell us on the first call. Your safety comes before the process.

Divorce is billed hourly against a retainer paid up front. It is not a contingency case, and there is no “no fee unless we win” arrangement in family law. What you spend depends mostly on how much you and your spouse disagree, how prepared you are, and whether a business or property needs outside valuation.

The least expensive version is an uncontested divorce where you have agreed on the big items and need them written correctly. The most expensive is a contested case that goes to hearing with valuation experts on both sides. You control more of the cost than you might think. Settle what you can. Get documents to us quickly. Save the fights for issues worth real money.

The best divorce attorney for you is the one whose experience matches the hardest part of your case. If that is a business or significant real estate, ask how many valuation-heavy divorces the lawyer has handled. If it is your kids, ask about parenting plan hearings. Then ask who will actually return your calls.

Questions worth asking any lawyer you interview, including us:

• Who handles my case day to day, and how fast do you usually respond?
• How do you bill, and how large is the retainer?
• Have you handled a case like mine, and how did it resolve?
• What outcome do you think is realistic, and what would change that?

A lawyer who promises a specific result in the first meeting is guessing.

We represent clients in Bozeman, Belgrade, Big Sky, Manhattan, Three Forks, and across Gallatin and Park counties. Call (406) 898-0550 and we will set up your free consultation with Skyler.

Bozeman office: 7 W Main St, Suite 201, Bozeman, MT 59715 · (406) 898-0550