Understanding how assets get divided in a divorce

Before the court can divide your property, it needs to know which property belongs to the marriage, which belongs to the spouses separately, and how much there is of each. Generally, marital property is all property acquired or earned during the marriage, regardless of what title says. Separate property is property you owned before marriage. It also includes certain property you receive during marriage, like a gift or an inheritance.

The distinction between marital and separate property is important even though the court will divide both types of property at divorce. 

Contact Matrium Law Group for more information.   Matrium Law Group is a women owned and operated family law and estate planning law firm located in Missoula, Montana. 

No Legal Advice Intended:  This post includes information about legal issues and legal developments.  Such materials are for informational purposes only and may not reflect the most current legal developments.  These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  You should contact an attorney for advice on specific legal problems. 

 

Who decides how our property is divided in a divorce?

A Montana court will consider several factors in determining how to fairly divide the marital property, including the length of the marriage, the needs of each party and their ability to acquire assets in the future, as well as the parties' age, health and occupations. The court will not consider whether one spouse was at fault for the collapse of the marriage,  If a couple can work together, they may specify how property should be divided by drafting a settlement agreement. These agreements are considered binding contracts and are generally enforceable after review by the judge.

Contact Matrium Law Group for more information.   Matrium Law Group is a women owned and operated family law and estate planning law firm located in Missoula, Montana.  

No Legal Advice Intended:  This post includes information about legal issues and legal developments.  Such materials are for informational purposes only and may not reflect the most current legal developments.  These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  You should contact an attorney for advice on specific legal problems. 

 

In a divorce will the spouse whose name is on the title get the property?

Montana is an equitable division state. The law recognizes that property acquired during a marriage is a product of the contributions of both spouses. In a divorce, the marital property will be divided.  The property division will be "fair," but not necessarily equal. It is important to note that the person whose name is on the title to the property will not necessarily be awarded that property in the divorce.  

Contact Matrium Law Group for more information.   Matrium Law Group is a women owned and operated family law and estate planning law firm located in Missoula, Montana. 

No Legal Advice Intended:  This post includes information about legal issues and legal developments.  Such materials are for informational purposes only and may not reflect the most current legal developments.  These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  You should contact an attorney for advice on specific legal problems. 

 

 

Montana Residency Requirements for Divorce

Montana has a 90-day residency requirement to file for divorce.  This means that at least one spouse must be a resident of Montana for at least 90 days before filing for divorce.

A common mistake people make is believing that they must get divorced in the state in which they were married. This is not true. Most divorce cases are filed in the county in which the filing spouse resides.

Contact Matrium Law Group for more information.   Matrium Law Group is a women owned and operated family law and estate planning law firm located in Missoula, Montana. 

No Legal Advice Intended:  This post includes information about legal issues and legal developments.  Such materials are for informational purposes only and may not reflect the most current legal developments.  These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  You should contact an attorney for advice on specific legal problems.