Navigating a divorce can be tough. The history you have with your spouse can thread emotions through every aspect of the process, blurring your assessment of key legal issues. As easy as it is for that to happen, you can’t let it. After all, your divorce might be the biggest financial transaction you take part in during your lifetime. So, as you prepare to engage in property division negotiations and litigation, make sure you take a step back, recognize how the law applies to your case, and develop a sound legal strategy based on the facts. How equitable division works in Montana Montana law r ..read more

When you’re charged with a criminal offense, the prosecution is going to come at you full force. After all, their job is to get a conviction and impose the toughest penalties they can manage. Although that can be scary to think about, you don’t have to sit back and let the prosecution take control of your case. Instead, you can diligently work to build an aggressive criminal defense that seeks to beat the prosecution, thereby leading to reduced charges, minimized penalties, or even dismissed charges or an acquittal. While there are several defense strategies you can implement to try to protect ..read more

The outcome of a child custody dispute can have tremendous ramifications. The court’s ultimate order will specify how much time you get to spend with your child and what that time will look like, which can reshape your relationship with your child. With so much on the line, you should avoid walking into court unprepared, as this most assuredly will leave you with an outcome that you don’t want. The exact steps that you take to prepare for your custody hearing will depend in part on the facts at hand and what you’re hoping to get out of your case. However, there are some broad actions that you ..read more

Even the friendliest divorces take a toll on the parties’ well-being. If children are involved, even more so- not to mention family, friends and the many adjustments couples must make during and after they dissolve their marriage. There is hope around the corner While divorce is never easy, you will see a light at the end of the tunnel, even when you cannot imagine it now. It is vital to remember that the emotions associated with the divorce process will pass, and you will adapt to your new normal. There are many tools you can use to try to help yourself during and after the divorce. In additi ..read more

When parents divorce, a father might fear that the court will automatically assume the child’s mother should be the custodial parent. After all, in many relationships, the child’s mother stays home with the child, at least for a while, and might even be considered the child’s primary caretaker. However, this does not negate the strength of the existing father-child bond and the important role a father plays in a child’s life. Still, are mothers automatically awarded custody based on gender alone? Are mothers assumed to be the best parent? The law in Montana does not favor mothers over fathers ..read more

Being charged with a criminal offense can leave you on edge. This is understandable given the stakes involved. But before you engage with prosecutors to discuss the possibility of a plea deal, you need to fully understand the potential ramifications of a criminal conviction. That’s the only way to make the fully informed decision that you think is right for you. What penalties accompany a criminal conviction? Some penalties that come with a criminal conviction are obvious, but some long-term consequences may not be as readily apparent. All of them are important, though, as they can have tremen ..read more

Positioning yourself for financial success post-divorce is going to take a lot of work. You’ll need to carefully think through which marital assets are in play and how best to argue for an outcome that is fair and favorable. But the property division process is a mystery to many Montana residents, especially those who have never been divorced before. That’s why we hope these tips will help set you on the path to successful property division negotiation or litigation, which will hopefully allow you to start the next chapter of your life on stable financial footing. Make sure that you’re identif ..read more

Did the police knock on your door, search your house and find drugs? If so, they may have arrested you. However, what if those drugs were not yours? Perhaps they belonged to a roommate or family member. Before you can be charged with possession, police will need to believe you had constructive possession of the drugs. What is possession? Possession means you have ownership or control over an item. You own drugs if you use them for your own use and enjoyment. Actual possession, in legal terms, is referred to as possession in fact. This means you have physical custody or control of an item. If y ..read more

In Montana family law cases, children come to the forefront. Because they have certain fundamental needs, it is imperative that they are supported financially. Often, this means that the custodial parent will receive payments from the noncustodial parent. This is designed to suit the child’s best interests and provide them with clothes, nutrition, a safe place to live, cover educational expenses, pay for extracurricular activities and more. However, the amount ordered – though based on fundamental guidelines – is not necessarily going to remain the same until the child reaches adulthood. Chang ..read more

Sometimes being pulled over by the police in Billings while driving comes as a complete surprise. You have no idea why the police are pulling you over. The situation becomes even more intimidating when the police start trying to question you about alleged illegal activity. You may wonder if you have to answer their questions. The following is a brief overview of what your rights are when you are being questioned by police. Are you required to answer any questions? First, it is important to understand that per the U.S. Constitution, you have a right to remain silent if you are detained. You are ..read more