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North Billings Personal Injury Law Blog

Trying to divorce the marital home is a challenge

The family home can be one of the biggest sources of conflict during the dissolution of a marriage. Some individuals who are going through a Montana divorce prefer to retain ownership of the home due to the positive memories associated with the residence. However, this may not always be the best option.

A variety of questions are important to ask when deciding whether to keep the marital home after a divorce. These questions include whether one earns enough money to keep up with the cost of the home, and whether one can actually afford to refinance, for example. In addition, in some situations, a spouse may want to buy out the other party but cannot afford to do so.

Alimony may help lower-earning spouse following divorce

When two spouses decide to get divorced, spousal support (sometimes called alimony) may be awarded to one of the parties. The divorce court may award it based on an agreement that the couple has reached or based on its own decision. The aim of alimony in Montana is to limit the potentially unfair economic impact of the dissolution of a marriage.

With alimony, one spouse provides continual income to the other spouse during divorce proceedings and/or following the final decree. Typically, it applies when the other spouse earned less income or did not earn any at all during the marriage. This monetary support is sometimes awarded if the lower earning spouse chose to give up a career in order to take care of the family. With the alimony payments received, this party buys time to develop the job skills necessary to be self-supporting. Alimony can also help a spouse to maintain the particular standard of living he or she had while married.

Document exchange important part of divorce proceeding

After spouses who are getting divorced in Montana file their initial court papers to start the process, they must exchange information regarding their respective personal, financial and economic situations. This information includes how much property they own as well as their income and debt. This part of a divorce proceeding is referred to as the discovery process.

Through examining the information that two spouses exchange during discovery early on the divorce process, the parties may work on determining the fairest way of dividing property. They can also start to tackle issues such as spousal support and child support. Discovery may involve either a relatively informal document and information exchange or a more rigid process. 

Making financial preparations essential during divorce

A marital split-up is a life-changing event. After all, two spouses are essentially agreeing to no longer live jointly, which means they must separate everything they own together. Divorce can be hard at any age, but it can be particularly challenging for those in Montana who are older or are nearing retirement, as they do not have as much time to bounce back from the financial losses they incur as a result of getting divorced.

When going through the divorce process, figuring out all income that will be available after the divorce compared with before the divorce is essential. Then, determining how much in expenses this income will have to cover is important. If statistics prove to be true, a gap will likely be found.

Should you receive spousal support from your Montana divorce?

Deciding to end your marriage is a process often fraught with emotions and serious social concerns. This is particularly true for spouses who decided to stay home during the marriage. Whether you focused on raising your children or simply needed to devote full-time attention to maintaining your home or ranch, deciding to divorce without a source of income can become a terrifying prospect.

After all, your lack of an income could impact custody decisions. You could find yourself effectively homeless, especially in cases where your spouse worked and lived on a family ranch or farm.

Head-on car accidents may cause death, injuries

A tragic car collision that recently occurred in Montana led to one death and some injuries. The accident happened during the morning hours on a Tuesday. These kinds of car accidents can easily occur if a driver is careless behind the wheel, and in such a situation, the at-fault driver may be held financially responsible for the injuries or deaths resulting from the accident.

In the recent Montana accident, police said a pickup truck was pulling a trailer while heading north on a street. When the pickup truck drew closer to a street intersection, a car reportedly breached the road's middle line and hit the truck. Police said the crash was nearly a head-on collision.

Collaborative divorce process involves using an expert team

Dissolving a marriage in Montana does not always have to be a tumultuous journey. In some situations, it can actually be a relatively peaceful path to post-divorce life. This is possible through the collaborative divorce process.

Collaborative divorce provides an efficient path to dissolving a marriage that encourages a couple to peacefully resolve their marital split-up. Contrary to traditional divorce litigation, collaborative divorce makes it possible for a couple to get divorced while keeping their affairs private. With a divorce trial, the matters discussed in court will end up in the public court records.

Making divorce process better is possible

No matter what the reason may be for dissolving a marriage in Montana, the process can be challenging and painful both financially and emotionally. This is particularly the case when those getting a divorce have minor children. Still, a couple of tips can help with facilitating a divorce that is as healthy as possible for everyone involved.

Making the children feel in control is important during the divorce process. In the typical divorce, children usually feel powerless because they had no say in their parents' split-up. They also are not usually given any options in the divorce decision.

Logic essential part of navigating divorce proceedings

The process of getting divorced in Montana is anything but easy. Even when the circumstances are better than in most situations, tempers can easily run high. A few tips can help with making decisions based on logic rather than on emotion during a divorce, which can be costly in the long run.

First, being as cooperative and reasonable with a future ex as possible is critical. Being more reasonable can lead to easier and faster results, which means both parties can move forward with their lives more quickly. In addition, fully disclosing all property and assets is a must. Divorce courts can throw out divorce decrees if financial deception is found, which means both parties may end up back in court several years after the divorce was originally finalized.

Preparation for dealing with multiple issues necessary in divorce

A marital breakup in Montana is often complicated, emotionally and financially. One of the biggest aspects of a divorce that causes contention is the division of marital property. Child custody can also spark some heated arguments.

Before embarking on the divorce process, gathering important information, such as financial and legal documents, is critical. This will make it easier to review all of the assets and property that both spouses will likely be battling over during the divorce proceeding. These assets often range from business assets and retirement plans to recreational vehicles, the family home and even home furnishings.