What Does a Family Law Attorney Do?

What does a family law attorney do? In Montana, a family law attorney guides clients through divorce and separation, parenting plans (custody), child support, property division, spousal maintenance, domestic-violence protection orders, mediation and collaborative resolution, prenups/postnups, adoption, guardianship, and even name changes—prioritizing strategy, procedure, and paperwork so your rights and future are protected from day one.

The job in one sentence—and what that means for you

A Montana family lawyer converts messy life changes into enforceable court orders and durable agreements, using the state’s specific statutes and procedures as the playbook. That starts with hearing your story and ends with a judgment or settlement that actually works in real life—on parenting time, money, property, and safety. Along the way, your attorney drafts, files, negotiates, advocates, and, when necessary, tries your case.

Divorce and legal separation: dissolving the marriage the right way

Montana is a no-fault state. A court can grant a dissolution when a spouse has been domiciled (or stationed for military service) here for at least 90 days before filing, and the marriage is “irretrievably broken,” supported by evidence that you’ve lived apart for more than 180 days OR there’s serious marital discord. If one party wants legal separation instead of divorce, the court will ordinarily grant it unless the other objects. A family law attorney ensures your pleadings check every statutory box and packages the case so the judge can finalize parenting, support, maintenance, and property in one decree.

Property division: equitable apportionment (not community property)

Montana uses equitable distribution—a fair division based on multiple factors, without regard to marital misconduct, like infidelity. Courts must equitably apportion “the property and assets belonging to either or both” spouses, however titled or acquired, considering the marriage’s length, each spouse’s age, health, income, employability, needs, contributions (including as a homemaker), dissipation, and future opportunities. The statute even recognizes that each spouse’s ownership vests immediately before the decree, and it addresses trusts for children and treatment of tax consequences and QDROs. Your lawyer inventories the estate, values assets/debts, traces separate property, and frames those factors so the final division is both fair and enforceable.

Parenting plans (custody): the “best interest” standard

In Montana, the court fashions a parenting plan based on the best interest of the child. Statute lists relevant factors—parents’ and child’s wishes, the child’s relationship with parents and others, adjustment to home/school/community, the mental and physical health of all involved, domestic violence, chemical dependency, continuity and stability of care, and whether the child has frequent and continuing contact with both parents unless that would be detrimental. A family lawyer gathers the right evidence (school records, provider notes, witness statements), proposes specific schedules and decision-making rules, and presses for protections where safety is an issue.

Child support: guidelines, deviations, and enforcement

Montana uses statewide Child Support Guidelines contained in the Administrative Rules of Montana (ARM) to calculate support, with inputs like income, parenting time, health insurance, and childcare. Lawyers make sure income is correctly determined (including imputed income when appropriate), vet deviations, and secure precise orders the support agency can enforce. They also navigate administrative and court enforcement tools—like income withholding—under Title 40, Chapter 5, and central payment registration.

Spousal maintenance (alimony): when and how it’s awarded

Montana courts may award maintenance only if the requesting spouse lacks sufficient property to meet reasonable needs and cannot support themselves through appropriate employment (or is caring for a child whose condition makes employment inappropriate). If those threshold findings are met, judges weigh factors like the standard of living during marriage, duration, age and health, income and earning capacity, and the other spouse’s ability to pay. Attorneys assess eligibility, present a reliable budget, and argue amount/duration tailored to statute and facts.

Domestic violence protection: orders that keep people safe

When safety is at stake, a family law attorney can help you petition for a temporary order of protection and pursue a permanent order if warranted. Montana’s statutes detail who is eligible and empower courts to issue robust protections (and make them permanent in appropriate cases). Counsel ensures filings are prompt and thorough, coordinates criminal and family cases, and weaves safety provisions into parenting plans to protect children.

Mediation and collaborative solutions: resolving without a courtroom war

Montana codifies family law mediation. Courts can order or refer parties to mediation; proceedings aim to reduce acrimony, can toll certain time limits, and culminate in a confidential agreement for court approval. A family law attorney prepares targeted proposals, safeguards your negotiation leverage, and makes sure the resulting agreement is complete and court-ready. Montana has also adopted the Uniform Collaborative Law Act (Title 25, ch. 40): both parties sign a participation agreement, work exclusively toward settlement with collaborative lawyers, and—if negotiations fail—collaborative counsel is disqualified from later litigation. Your attorney can explain whether mediation or collaborative law fits your case.

Prenuptial and postnuptial agreements: getting proactive about property

Montana’s Uniform Premarital Agreement Act governs prenups: they must be in writing, signed by both parties, and may address property rights, spousal maintenance, and more (with enforcement rules and limits). A family lawyer drafts or reviews these agreements to avoid ambiguity, ensure required financial disclosure, and position the contract for enforceability if it’s ever tested in court. For married couples, related agreements can define expectations and prevent disputes.

Adoption and guardianship: building and protecting families

Family law counsel also handles adoptions—from stepparent to agency placements to adult adoptions. Montana’s adoption code (Title 42) outlines who may be adopted and the procedures to terminate or obtain consent to parental rights. Lawyers manage consents, background checks, home studies (when required), and court hearings to finalize the adoption smoothly.

When a child needs a legal caretaker—or an adult loses capacity—attorneys petition for guardianship. For minors, courts can appoint a guardian when parental rights are terminated, suspended, or limited; for incapacitated adults, a full guardian has powers similar to a parent (subject to court limits). A family lawyer helps families choose the least restrictive option and drafts orders that fit the situation.

Name changes and related cleanup

From restoring a prior name after divorce to aligning identity documents with who you are, attorneys help petition the district court for a legal name change and navigate publication or sealing when safety is a concern. Montana’s process lives in Title 27, Chapter 31, and the Montana Courts site provides self-help packets—your lawyer makes sure the petition, notice, and order are accepted the first time and coordinates updates with agencies and institutions. What representation actually looks like (start to finish)

The first step is strategy: your attorney listens, spots urgent issues (safety, parenting time, support), and sets immediate protections. Then comes paperwork and proof—drafting the petition or response; collecting financials (tax returns, pay stubs, account statements); gathering school and medical records; and documenting property. In parenting disputes, your lawyer proposes a workable parenting plan with clear schedules, exchange logistics, travel rules, communication protocols, dispute-resolution clauses, and safety provisions when indicated by the facts and best-interest factors.

Your attorney also values the estate: appraisals for real property, business interests, and vehicles; account statements for retirement and investment assets; and a careful look at debts. If maintenance is on the table, counsel builds a budget-based case that covers reasonable needs and realistically evaluates employability. On child support, counsel runs the Guidelines calculation, then argues for or against deviations based on evidence. Most cases settle. Montana’s mediation framework and collaborative-law option help keep families out of trial, save money, and reduce stress—without sacrificing enforceability. If settlement doesn’t happen, your lawyer tries the case and secures a final decree or judgment that wraps property division, support, parenting, and fees in one comprehensive order.

When to call a family law attorney right away

• If you’ve been served with papers (deadlines are short and missing them can harm your case).
• If there’s domestic violence or coercive control—safety planning and protection orders should come first.
• If a move, job change, or school switch is looming—parenting plans and support may need modification under Montana law.
• If an agreement is being pushed in front of you—don’t sign a prenup, settlement, or parenting stipulation without counsel who knows the statutes and local practice.

Why local experience matters

Family courts apply the same statutes, but outcomes turn on facts, presentation, and procedure. A Montana-based lawyer knows the local judges’ preferences, the practicalities of guardian ad litem or parenting evaluators, and how to craft orders that actually work—so you aren’t back in court in six months over a vague provision or unworkable exchange plan. The goal isn’t just to “win paperwork”; it’s to build a durable solution that respects your children’s routines, your financial reality, and your long-term plans.

Ready to talk?

If you’re facing a divorce, negotiating a parenting plan, seeking support, or trying to protect your family, Holloway & Hulling PLLC handles family law matters across Montana—divorce and separation, custody and support, property division, domestic-violence protection, mediation/collaborative solutions, prenups, adoptions, and guardianships. Schedule a free consultation with Holloway & Hulling today to get clear advice and a plan tailored to your life.