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Divorce


Special Issues Related to Divorce

In some cases, there are special issues that arise in a divorce case that don’t otherwise follow the traditional process of completing a divorce action. For example, you may have an adult special needs child with your spouse who requires special consideration and long-term care, or you may have inherited a large sum of money, in the time leading up to your divorce, that you wish to protect from your spouse.

Although it can be manageable to handle a typical divorce without legal assistance, it can be more difficult to navigate a divorce that involves one or more special issues. While some choose to hire a divorce attorney to help them with all aspects of their dissolution, others choose to pay a family lawyer to help only with special issues. At Montana Legal Advisors, we offer limited scope representation: legal help only for the services you choose. Limited scope representation allows many of our clients to handle most aspects of their divorce while we can handle any complex, complicated, or special issues that may arise.

No two divorces are the same, but some divorces have unique aspects that may require special attention, additional legal research, special knowledge, and possibly court time. While special issues in divorce are virtually countless, some are more common than others.

We have assisted clients with the following types of special issues during divorce:

  • You or your spouse have filed for bankruptcy before, during or after a divorce.
  • You, your spouse, or your family business is facing a lawsuit or lawsuits.
  • Your children have personal accounts and trusts.
  • You or your spouse are dissipating (wasting) the assets of the marital estate.
  • You would like your spouse to pay for your attorney’s fees and costs.
  • Your divorce is complicated by special issues related to taxes.
  • Your divorce involves children or adults with special needs or guardianships.
  • You or your spouse are in the military.
  • You need help with the recovery of undisclosed assets.
  • Your or your spouse have significant amounts of inherited, gifted, or premarital property.
  • Your divorce involves lawsuits between spouses for personal injury or assaults.
  • You have had a history of domestic violence during your marriage.
  • Your property is located in different states or countries.
  • An important adult in your child’s life needs third-party parenting rights.

Special needs issues in divorce could also involve community property, privacy, stepparent rights, and grandparent rights. Note, though, that just because the special issue affecting your divorce is not listed above does not mean that we cannot assist you.

Our Legal Services Regarding Special Issues in Divorce

Many of our clients are handling their own divorce without the help of a full-time attorney. However, the special issue affecting their divorce requires expert attention. We have the skill and experience to guide you through the issue and work toward a fair and lawful resolution. We offer our clients:

  • A general consultation regarding your special issue.
  • Legal research help.
  • Document drafting and review.
  • Assistance with temporary orders.
  • Assistance with trial preparation or court appearances.
  • Assistance with mediation or settlement agreements.
  • Assistance with appeals.
  • Assistance with enforcement.

Speak With Our Legal Advisors Today

The best way to find out more about your special issue in divorce – and the best way to find out how we can help you – is to contact our team of legal professionals today. We can explain your legal situation, devise a plan of action, and estimate how much your legal help will cost. To get legal assistance with your Montana divorce, please call (406) 540-4172.

Property Division

Even in the most amicable divorce, property division can be a complex and sensitive topic. It can also be an aspect of divorce that is more difficult than others to manage without an attorney. For these reasons, Montana Legal Advisors offers standalone legal services to individuals who need assistance with property division and settlement, but who do not wish to hire a full-representation attorney.

Whether you have a few assets or a large estate, we can help you understand the legal principles that apply to dividing your property in the State of Montana. We can answer your questions about business valuations, gifted and inherited property, real estate transfers, retirement accounts, who gets the vehicles, or simply who gets the couches or the air miles. We can also help you prepare the necessary forms to divide your property tax-free and without penalty.

Contact our legal team today if you would like to request one or more of the following legal services related to property division and property settlement:

  • General property division consultation. During an informational session with a family law attorney or legal professional, get all of your questions answered about property settlement and find out exactly which steps you have to take to complete this process from beginning to end.
  • Property settlement information gathering. Our legal professionals can help gather all important documents regarding your property and debts before you agree to a property settlement. We can also help you understand whether or not your plan for property division is legal and fair.
  • Assistance with determining your spouse’s debts and assets. Get professional help uncovering your spouse’s financial holdings, property, and debts. In addition, understand the difference between separate property and marital property.
  • Settlement agreement drafting or review. This is the document that outlines and finalizes your property division settlement. We can help you create this agreement or review a proposed agreement before you sign.

Temporary orders related to property division. You may need assistance filing a temporary order to prevent your spouse from spending or selling assets. We can help you determine whether a temporary order may be necessary and help you file a request for an order.

Divorce & Property Division in Montana

When it comes to property distribution law, Montana is an equitable distribution state. This means that instead of dividing all marital property equally down the middle (“fifty-fifty”), the marital property is divided equitably, according to the court. During equitable distribution, a judge may consider a wide number of factors when dividing property, such as the length of the marriage, the earning power of each spouse, each party’s health, and the contribution of each spouse to the marriage.

At Montana Legal Advisors, we can help you answer common property division questions:

  • What is the difference between marital property and separate property?
  • Should I fight to keep the marital home?
  • How can I find out about my spouse’s property and debts?
  • Will my spouse get part of my retirement accounts?
  • What will happen to our family business?
  • Will I be responsible for my spouse’s debts?
  • Do I need to file a temporary financial restraining order to stop my spouse from spending?
  • How can I know if my property settlement is fair?

Property Division Legal Help From Experienced Professionals

It is vital that your property is divided equitably during your divorce. Our legal team can help ensure that you discover all pertinent information related to your property division, that you stand up for your rights during the division, and that your final settlement reflects your agreement. Whether you only need a short consultation, or you need more extensive legal assistance, we are here to lend our services. Contact us today to ask a question, find out more about our offerings, or schedule a consultation.


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