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Free Guide to Hiring a Family Lawyer
In Helena, like other parts of the United States, Divorce and Separation Laws govern the dissolution of marriage, division of assets and debts, child custody, spousal support, alimony, and other related matters. The law considers any marriage entered into in Helena or any other place equally significant and it could be terminated by either a divorce or separation agreed upon by the parties or issued by the court.
You may need a lawyer if disputes arise during the process of divorce, especially when the matters involve children, division of assets, or financial support. Lawyers can provide accurate representation of your interests in court, help you understand your rights, guide you through the legal proceedings, and help negotiate a settlement agreement. They can also offer help in understanding the legal terminology, details, and the long-term effects of the decisions you make.
In Helena, a Party must be a Montana resident and has lived in the state for no less than 90 days before filing for divorce. Uncontested divorces where parties agree on division of properties, child custody, and support can be resolved quickly. In cases of contested divorces, court intervention might be necessary. Montana courts use a “best interest of the child” standard when deciding on child custody, and equitable distribution rule for the division of marital properties. Alimony is awarded on a case-by-case basis.
In a divorce, the marriage is completely terminated. In a separation, the couple lives apart but is still legally married. Depending on the type of separation, some legal obligations may still exist between the parties.
A divorce lawyer assists their clients understand their rights and obligations as per the law, represent them in a court of law if necessary, provide legal advice, and help negotiate a divorce agreement.
The duration of a divorce proceeding in Helena varies depending on the complexity of the case. An uncontested divorce can take as little as 20 days, while contested divorces can take a year or more.
While it's possible to get a divorce without a lawyer, it's generally not advised. Legal advice is crucial to avoid pitfalls and make sure all your rights are protected.
In Montana, marital property is divided equitably, which means the division will be fair but not necessarily equal. Factors such as the length of the marriage, each party's contributions, and the economic circumstances of each party are considered.
For additional resources, refer to the Montana Courts website and their self-help section for family law matters. The State Bar of Montana can also provide referrals for attorneys practicing family law. Non-profit organizations such as the Montana Legal Services Association can provide free legal help for eligible individuals.
If you need legal assistance with a divorce or separation, consider contacting a local, experienced family law attorney who can guide you through the process. Plan a consultation to discuss your situation, rights, and expectations. Legal Aid may be available if you can't afford a lawyer. Remember, getting a lawyer is a safeguard to your rights and interests.
