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If your divorce or separation involves children who are minors, you will need to determine whether one parent pays child support to the other and, if so, in what amount. In Montana, child support must be calculated pursuant to a complex formula set by state law. The...
Child “Custody” and “Parenting Plans” in Montana In 1998, Montana changed its laws which govern parenting between separated or divorced parents. As part of those changes, the State did away with the term “custody” from our laws, and instead requires parents, and the...
Estate planning is often a topic that people avoid because it involves contemplation of death, family relationships and distributing their property. Some people believe that estate planning does not apply to them because they are young or they are not wealthy. However, many people (regardless of age or wealth) can benefit from some kind of discussion and estate plan that…
Most people are unfamiliar with the divorce process and the procedures that the law requires. All cases are different but, here is a short summary of the divorce process and procedures in the majority of cases filed in Montana. File a verified, signed petition for dissolution with parenting plan if there are minor children. Have a summons issued which includes…
Valuing a business is a complicated endeavor. This is true regardless of whether the business has a single owner, or is a large company with thousands of employees. If a business is a significant part of the marital estate, we recommend having the business valued by a professional appraiser. We have worked with many appraisers throughout Montana and can help…
Before the United States Supreme Court decided the case Obergefell v. Hodges and determined that same sex couples had the fundamental right to marry, same sex couples could not obtain a marriage license in the state of Montana. Although the Montana law prohibiting same sex marriage is still on the books, pursuant to Obergefell, such law is now unconstitutional. Therefore,…
What does estate planning involve? Estate planning involves an analysis of your estate, planning your present financial goals, and determining your wishes for distribution of your estate after your death. Your estate consists of all of your assets (real and personal property, retirement accounts, pensions, business interests, etc.) and liabilities (mortgages, loans, notes, etc.). The analysis includes a discussion of…
Litigation is something that most people don’t want to experience. In the U.S., divorce is a legal process that requires, to some extent, the parties to engage in litigation. While most divorce cases will settle during the litigation process and without a trial, getting a good resolution, whether through negotiation or by trial, is easiest with experienced attorneys by your…
I’m trying desperately to be respectful of the person speaking to me, but my husband keeps texting me. First he sends me a selfie of him with Rafi*, then it’s an account of who stopped him on his way into the NICU. Then he suggests I take a selfie with Jillian* so he can post them side by side on…
Co-parenting isn’t always a very easy thing to do. A big part of doing so involves making joint decisions about all sorts of things concerning your children, whether it be what they eat for dinner tonight to which school they attend. When making these kinds of decisions results in conflict and you can’t even get close to reaching a resolution,…