Dissolution of Marriage (Divorce)

Our Montana divorce attorneys will walk you through the challenges of dissolving your marriage while helping you build support and develop tools to face your new future.

Divorce can present many difficulties to a family in the physical, financial, and emotional realms. When children are involved, these challenges can be amplified.

What to expect in Montana divorce proceedings:

Before a divorce is final in Montana, the court or the couple must have a plan for each of these areas:

Time with the children (Parenting Plan):

A parenting plan is required when a couple with children divorces. This plan will include a defined parenting schedule.  However, it also details other important rights and responsibilities such as parental decision making, child support, medical coverage, and out-of-pocket expenses.    

The family law attorneys at Cavallini West PLLC, are dedicated to helping clients prioritize their children’s best interests whether negotiating, formalizing or litigating parenting plan issues.

Dividing all property and debts (Property Distribution):

When divorcing, the couple or the court must determine how to divide their property and debt. This division must be done fairly, and there are many factors to determine how this is accomplished. 

Skill and compassion are needed in crafting these details for an agreement or for presentation to a court.  Our Bozeman family law attorneys strive for an outcome that will support our client’s needs as they move into their future.

Financial support for the child or children (Child & Medical Support):

Establishing child support is required before the court will finalize a divorce or grant a final order regarding a parenting plan. Montana follows guidelines to determine the appropriate amount of child support. These calculations consider both parents’ total income, childcare costs, health insurance, other medical expenses, and more.

Our goal is to help you understand the process and outcome to ensure that you have the information you need to make informed decisions.

Divorce process options:

We offer several options to assist you in reaching a durable and practical divorce outcome that meets your family’s needs. These options include Self-Guided, Mediation, Collaborative Law, and Litigation. Each describes the varying ways we can help you navigate your particular life transition. Regardless of the option selected, our Bozeman legal team works hard to tailor our representation to meet each client’s unique circumstances

Option #1: Self-Guided

HOW IT WORKS:

Simple dissolution of a Montana marriage (or divorce) for those who can agree. You make the agreements, we process the paperwork. We provide easy to understand and complete worksheets that take the guess-work out of the process. Return the completed worksheets to our Bozeman team and we handle the rest.

THIS OPTION IS BEST FOR:

The couple who has already decided not only that they both wish to proceed with a transition, but also have decided what this looks like for their future. Typically, this is best of couples who have discussed/agreed upon parenting time, a parenting plan, child custody and a division of assets. This option is best for a couple who is organized and are clear communicators.

Option #2: Mediation

HOW IT WORKS:

A neutral attorney-mediator can help couples work out a divorce settlement, form a parenting plan, and create a property settlement agreement. Our professionally trained Montana attorney-mediator will guide you step-by-step through the process, and will record your agreements in the correct legal format, allowing you to file with the court.

THIS OPTION IS BEST FOR:

A Montana couple who may need some assistance in reaching agreements about a parenting plan, child custody or finances, but they have a willingness to work together to find a solution that fits them well. Typically, this couple is committed to ending their marriage or relationship with dignity and putting their children’s needs first.

Option #3: Collaborative Law

You do not have to agree on everything to participate in the collaborative process. Conflict usually arises during family transitions, and we understand there will be bumps along the way. In the Collaborative Law process, our attorneys partner with other professionals to facilitate these disputes thoughtfully, with honesty and integrity, allowing for a smoother family transition. We put children’s well-being first, and aim to create solutions to benefit each family member in the healthiest route possible.

HOW IT WORKS:

Our team of Montana family law professionals includes a skilled financial person who gathers information and provides gentle education, ensuring everyone understands the full financial picture. A neutral mental health professional tends to the inevitable emotions that arise during the process. Both parties are represented by attorneys, offering sound legal advice, providing education, and guiding thoughtful decisions at each step along the way. From there, your attorneys will help curate a team specifically for your family which may include a skilled financial person who gathers information and provides gentle education, ensuring everyone understands the full financial picture and/or a neutral mental health professional tends to the inevitable emotions that arise during the process.

Redefined families can walk away from this experience with respect for each other, personal integrity, and the skills and resources to handle future disagreements. We feel blessed to be part of the forefront to the Collaborative Law movement. Join us in making this the new, healthier route for families in Montana.

THIS OPTION IS BEST FOR:

Parties who are committed to finding solutions without relying on a court. While this is sometimes the more expensive solution, it is a great option for most families, even if there is some form of conflict involved. Collaborative Law provides ample support for the restructuring of a family, including parenting education, financial option development, and much more. Collaborative is well-suited for couples who do not have it “all figured out” or still experience conflict, but nonetheless are committed to finding a solution that works best for their family.

Option #4: Litigation

HOW IT WORKS:

Litigation in Montana comes in many shapes and sizes. We understand there isn’t a one-size-fits-all solution for every answer. Litigation typically starts by filing legal documents with the court and proceeding in accordance with the court’s following orders. We can assist from beginning to end, from drafting and filing legal pleadings to providing experienced representation at a hearing.

THIS OPTION IS BEST FOR:

While the goal of our other options is to avoid going to court, it’s important to acknowledge that there are circumstances when litigation is necessary—particularly if one party does not wish to engage in one of the other options. While the other options require both parties to enter voluntarily, this process can be started when only one party is ready to engage.

Frequently Asked Questions

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Ready to get started?

Our Bozeman legal team works hard to understand each client and families' unique circumstances and specifically tailor the process to fit their requirements. We create durable and practical outcomes that suit each family’s needs.