Top Divorce Lawyer in Missoula, MT
Divorce is a big life transition that involves legal, financial and emotional challenges. Whether you’re dealing with child custody, property division or spousal support, having an experienced divorce attorney on your side can make all the difference. In Missoula, Montana, Holloway & Hulling has a reputation for providing compassionate and effective legal representation in family law cases. They also offer services in criminal law and personal injuryt law, so they can handle all your legal needs.
Understanding Divorce and Family Law
What is Family Law
Family law is a specialized area of law that deals with all things family related; divorce, child custody, child support, spousal maintenance and adoption. It encompasses all the legal issues that affect families; marriage, divorce and the rights and responsibilities of family members.
Family law attorneys in Missoula, Montana are experts in navigating these complex family law issues and providing guidance and support to individuals and families during tough times.
Whether dealing with the intricacies of child custody arrangements or negotiating spousal maintenance, family law attorneys play a big role in making sure their clients’ rights are protected and fair outcomes are achieved.
Montana Divorce Law
Montana is a no-fault divorce state, meaning neither spouse has to prove wrongdoing for the court to grant a divorce. Instead, the only requirement is that the marriage is irretrievably broken. This can be proven if the spouses have lived apart for at least 180 days or if there is serious marital discord.
To file for divorce in Montana, one spouse has to have lived in the state for at least 90 days before filing. Montana doesn’t require a legal separation period before divorce proceedings can start. The Montana family court oversees divorce proceedings and ensures fair outcomes for both parties.
The Montana Divorce Process
The divorce process in Montana follows these specific steps, each one important for property division, child custody and spousal support. Understanding these steps will help you prepare for a smoother legal experience. Holloway & Hulling attorneys practicing law in Montana have years of experience, so your case will be handled with expertise and credibility.
Grounds for Divorce
Montana’s divorce process is straightforward due to its no-fault divorce system. This means neither spouse has to prove fault or wrongdoing to dissolve the marriage. The main grounds for divorce in Montana are irreconcilable differences and the irreparable breakdown of the marriage. If the spouses have lived separate and apart for more than 180 consecutive days, this can also be grounds for divorce. To start the divorce process, at least one spouse must have been a resident of Montana for a minimum of 90 days before filing the petition. This residency requirement means Montana courts have jurisdiction over the case.
Legal Separation
For couples who may not be ready to go all the way to a dissolution of marriage, legal separation can be an option. This allows them to live separately while still being legally married. Legal separation addresses the same issues as a divorce, including property division, child custody and financial support. After six months, either spouse can request the court to convert the separation into a formal divorce.
Property Division
Montana follows the principle of equitable distribution, which means marital property is divided fairly, not necessarily equally. The court considers factors such as length of the marriage, each spouse’s financial situation, contributions to the marriage and future earning potential.
Marital assets such as homes, bank accounts, retirement funds and debts acquired during the marriage are subject to division. However, separate property such as inheritances or assets acquired before the marriage are usually kept by the original owner.
Child Custody and Child Support
In Montana child custody decisions prioritize the best interests of the child. The court considers factors such as the child’s relationship with each parent. Divorce attorneys know how to navigate complex child custody and support issues to ensure the best interests of the child are met. Stability in their living situation and their adjustment to school and community are also considered. Parents are encouraged to create a parenting plan, but if they can’t agree the court will determine custody arrangements.
Child support is calculated using Montana state guidelines taking into account both parents’ income, the child’s needs and the amount of time each parent spends with them. Child support orders can be modified if circumstances change significantly.
Why Choose Holloway & Hulling?
Choosing the right experienced attorney is critical to your case. A qualified divorce lawyer should have experience in Montana family law and a track record of success in divorce cases. Look for an attorney who has strong negotiation skills, clear communication and empathy for clients. Also consider the attorney’s law school education and training as these qualifications contribute to their expertise in providing legal representation.
Holloway & Hulling PLLC is one of Missoula’s most trusted family law firm. With over 25 years of combined experience the firm provides effective legal representation in divorce, child custody and family law matters.
The attorneys at Holloway & Hulling offer a client centered approach and handle each case with compassion and professionalism. Our knowledge of Montana family law and commitment to achieving results set us apart.
Contact Holloway & Hulling Today
If you are getting a divorce or need legal guidance on child custody, property division or spousal support Holloway & Hulling PLLC can help. Our team is committed to protecting your rights and achieving the best result.
Schedule a consultation today and get started.
