The state of Montana has an average divorce rate of 12%, while the city of Kalispell has about a 6% divorce rate. A contested divorce case is highly complicated, however straightforward it may appear. But as any divorce lawyer knows, there are several intricacies involved. There are specific terms and requirements that you must meet for a successful annulment. How can a divorce attorney in Kalispell help you with contested family law? Why are their services necessary? Read on to know.
What is Contested Family Law?
When both the parties agree to a divorce settlement, it’s an uncontested divorce. However, if one of them disagrees with any issues related to the divorce, it becomes a contested family law. The problems could range from the division of property and alimony to the custody of children. In Kalispell, as in the whole of Montana, the court issues a Scheduling Order in such circumstances. It sets a timeline and requirements that both parties must fulfill before moving the court. Both parties get an opportunity to present the details of their case. The contested hearings may last between an hour and four.
How Can a Divorce Attorney Help You?
Guiding You with the Entire Process
Experienced divorce lawyers in Kalispell, MT, will assist you with the entire process. In Kalispell, divorce is generally called a “Dissolution of Marriage” in legal terms. The two sides involved are referred to as “the parties to the Dissolution.” If you decide to file the divorce, you will be called the Petitioner, while the other party will be the Respondent. If minors are involved, there will be a “Parenting Law” applied. Filing a petition merely begins the court process related to a divorce. During the divorce lawsuit, several issues include temporary family support orders, assets’ declaration, property division, and parenting plans.
Preparing the Required Paperwork
Either you or your spouse should be living in Montana at the time of filing a divorce. If a minor child is involved, they should have lived at least six months before the petition is filed. An attorney will help you gather and file the essential documents related to filing the divorce. Some of these include an affidavit for publication of summons, default, declaration of disclosure, a notice of filing child support guidelines affidavit, consent to entry of the decree, and request for hearing and order granting a hearing. Your lawyer will have in-depth information related to these.
Helping You with the Declaration of Assets and Income
The declaration of assets, debts, income, and expenses is significant in Montana law. A divorce attorney in Kalispell will create a list of these within 60 days of serving the petition. They will also help you exchange the final declarations of disclosure before the case is filed in court. If you don’t, the court may automatically accept the validity of the statement made by the other party.
Filing a Parenting Plan
You can also ask your lawyer to file a Parenting Plan if your child has lived in Montana for at least six months, as mentioned above. They will suggest in which county you should file the case. You should file the Plan in a county which is considered a “proper venue.” You can seek their guidance in coming up with a Child Support Order and the appropriate Child Support Amount. However, those should adhere to guidelines set by the Child Support Enforcement Division or the CSE. You can ask your attorney for a revision of the amount if you feel the amount is unfair in any way.
These are some of the ways that divorce lawyers in Kalispell, MT, can help you with a contested family law case. Even though a divorce can be extremely stressful, they will ensure that the entire process is smooth and you get the best outcome.