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Avoiding filing for divorce out of anger is wise

Filings for divorces are expected to skyrocket this month as individuals in Montana and elsewhere decide to begin the New Year on their own terms. This is due in part because many people in tumultuous marriages may have just gone through a holiday period that was stressful or may have just finished spending time with difficult in-laws. However, a couple of tips may help people to approach the divorce process carefully this year.

First, it is important to avoid filing for divorce out of anger. Intellectual decisions are typically the correct decisions for a person to make, whereas emotional decisions are typically dangerous. In addition, it is wise not to involve the children in the divorce process, either before choosing to file or during the actual proceeding. This includes not bad-mouthing a soon-to-be-ex in front of the children.

Furthermore, it is expedient to avoid contacting a third party who may be involved in the situation, as well as this person's spouse or children. Instead, treating the divorce like an amicable business deal is important. Entering the process in a manner that is aggressive and mean immediately creates a situation that is adversarial, which could increase the stress and cost of this type of family law proceeding.

If two people who are getting divorced in Montana are able to find common ground, they may benefit from the process of divorce mediation or negotiation, which are alternatives to litigation. Through these processes, they can work toward a mutually beneficial settlement. However, if they cannot see eye to eye, a judge will have to get involved and make important decisions for them, for example concerning assets and property.

Source:, "Avoid these common mistakes if you're filing for divorce in January", Quentin Fottrell, Jan. 2, 2017

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