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Family law includes divorce, child custody, child support, spousal support, separation and division of assets and debts pursuant to a divorce action. If you are involved in a divorce action or child custody action, it is important that you secure proper legal representation to protect your rights and protect the best interest of the minor children of the marriage.


A person may file for divorce if they have lived in Montana for a period of ninety (90) day preceding the filing of the action. In filing a divorce case it is essential that all areas impacted by the divorce be taken into account and addressed by an attorney. A marriage maybe dissolved without showing fault. The party seeking the dissolution must allege that their marriage is irretrievably broken.


Frequently in divorce actions there are minor children of the marriage. The Court must then decide child custody and visitation in regard to the minor children. Many, many factors come into play when the child and visitation by the other spouse. These can include criminal records of the other spouse, drug or excessive alcohol use, special needs of the children, and physical residence’s or locations of each parent.


Child support is based upon the income of the parties in order to determine the amount of child support. It is necessary to know what each party has for income, the number of days that each spouse has custody of the children, the amount of medical insurance cost for the minor children and other factors. Child support is calculated pursuant to the Montana Child Support Guidelines.


In some instances a spouse may seek spousal support from their spouse while the divorce action is going on and after the divorce action is over. The period of time and the amount of support for a spouse is depended upon the circumstances in each case. For example, the educational level of the spouses, the income level of each spouse, the necessary living expenses of each spouse, and the length of the marriage.