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, Montana can no longer prohibit same sex couples from entering into a valid marriage which must be recognized throughout the nation. Although same sex couples are now being afforded the same right as heterosexual couples, they ..read more

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 Courts, to address three subject matters within a “parenting plan.” All three subject matters must be addressed in a parenting plan. The three subject matters are: The residential schedule Decision making Child support and medical support Residential Schedule: A residential schedule can be as specific as “the child will resid ..read more

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 final child support amount can deviate from the statutory formula if the parties agree or if there is good cause to do so, such as a child with special needs. Get child support legal help: Preparing or reviewing child support financial affidavits. This form, which must be filled out by both parents, outlines each person’s fina ..read more

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 the automatic property restraining order. Serve your spouse. Your spouse then has 21 days to file a verified, signed response to the petition for dissolution and their proposed parenting, if appropriate. Preliminary disclosure statements ..read more

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 addresses their goals and desires regarding their property, financial, health decision making authority, and providing for the care and support of their children. These goals can be addressed in wills, trusts, and durable powe ..read more

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 provide the names of people who can assist you. This is the first in a series of articles discussing the basics of business valuation in a divorce. The intent of these articles is to provide general information to help you understand what ..read more

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 side.  Experienced attorneys know the legal process for bringing a case to court and also know that satisfactory results are reached by being organized and prepared.  We know that being prepared starts be giving o ..read more

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, it’s probably time to enlist help from a professional. That’s where a parenting coordinator may be able to help. Parenting coordinators are specially trained professionals whose work focuses on helping co-parents manage their parenting plan, improve comm ..read more