Introduction to Family Law in MontanaTable of Contents
1. Warning ..................................... 2
2. Where Can I Get Help? ........................ 3
3. How to Use this Packet ........................ 3
4. Introduction to Family Law ..................... 4A. Dissolution of Marriage .................... 4
B. Parenting ................................ 7
C. Child and Medical Support ..................11
D. Property ............................... 13
E. Debts .................................. 14
F. Temporary Orders ....................... 15
G. Post-Dissolution Issues ................... 16
DISCLAIMER
Information Not Legal Advice. This document has been prepared for general
information purposes only. The information provided is not legal advice. Legal advice
is dependent upon the specific circumstances of each situation. Also, the law may vary
from state to state, so that some information may not be correct for your jurisdiction.
Finally, the information contained in this document is not guaranteed to be up to date.
The information cannot replace the advice of competent legal counsel licensed in yourstate.
Prepared by Montana Legal Services Association. Approved and distributed by
the Montana Supreme Court Commission on Self-Represented Litigants .
Rev. 7/02
Introduction to Family Law in Montana, Page 2 of 18Warning
This packet and the forms which come with it were created for people who have simple,
uncontested dissolution of marriage (commonly known as “divorce”) cases. This
means that you do not expect your spouse to fight with you over the dissolution,
property, debts, or kids. These forms may not be appropriate if you have a complicated
family law case or if your spouse might contest the dissolution. Even “simple”
dissolutions can involve a lot of work. Many people have difficulty reading,
understanding, and f illing out the necessary forms by themselves. If you have difficulty
understanding this packet or f illing out the forms, you should speak to an attorney and
should probably not try to file for a dissolution of marriage by yourself.
How do I know if my case will become contested?
There is no way of knowing for sure whether your spouse w ill contest all or part of your
dissolution. Consider several factors:
1. Do you and your spouse dis agree about where the children will live?
2. Do you disagree about how to cover the children’s medical insurance?
3. Do you disagree on the division of property and debts?
4. Can you work out these differ ences without going to court?
5. Are you asking for severe restrictions on contact between the children and the
other parent?
6. Does your spouse have the resources to hire a private attorney?
How do I know if my case is complicated?
If your dissolution involves any of the following issues, it may be too complicated to use
these forms:
1. Pensions, retirement benefits, or profit-sharing plans;
2. A pending personal injury case involving you or your spouse;
3. Real estate that you or your spous e own with someone else or real estate
located outside of Montana;
4. A family business;
5. A bankruptcy case filed by your spouse;
6. Complicated tax issues; or
7. Contested custody and/or child support issues.
Is there domestic violence involved ?
If you or your children were victims of vi olence or abuse by your spouse, these forms
may not be appropriate for you. Before proceeding, you may want to contact a private
attorney or the Montana Legal Services Association (800-666-6124). If you need
immediate help and would like to find a victim advocate near you, you may contact the
Introduction to Family Law in Montana, Page 3 of 18
Montana Coalition Against Domestic and Sexual Violence (406-443-7794).
Where Can I Get Help?
State Bar of Montana Lawyer Referral Service - (406) 449-6577
The State Bar of Montana offers a free lawy er referral service which can help connect
you with a private attorney to discuss your dissolution. They will atte mpt to select an
attorney near you. The attorney w ill consult with you for up to ½ hour for not more than
$30. If you decide to hire the attorney to represent you, the additional fees and costs
will be arr anged between you and the attorney. You may reach the Lawyer Referral
Service Monday-Friday between 9:00 a.m. and 4:00 p.m.
Montana Legal Services Association- (800) 666-6124
The Montana Legal Services Association provides free legal assistance to low-income
persons. If you are eligible for servic es, Montana Legal Services may be able to give
you advice on filing your dissolution.
How to Use this Packet
Read the Entire Packet :
You should read this entire packet before attempting to use any of the forms that come
with it. This packet is designed to provide you with the basic information you w ill need
to file your own dissolution and/or parenting case. You may need to go back to these
sections from time to time as you are filling out the forms and proceeding with your
dissolution.
Introduction to Family Law will give you an overview of family law in Mont ana. It
briefly describes some of the issues involved in dissolution and parenting cases.
Throughout this section you w ill see references to the Montana Code Annotated
(M.C.A.). The M.C.A contains the laws governing dissolutions and parenting plans and
can be found in your local library or on the state law library web page at
www.lawlibrary.state.mt.us. Most of the relevant laws are in Tit le 40, chapter 4. A
typical reference will look like this: M.C.A. § 40-4-212. This means Title 40, chapter 4,
section 212. Reading the actual laws may be helpful to you.
W hen you receive this packet, you should also be given a document entitled, How to
Introduction to Family Law in Montana, Page 4 of 18
File for Dissolution of Marriage in Montana.
If you are not married but are
seeking to establish a parenting plan, the document will be called, How to File for a
Permanent Parenting Plan in Montana. This document will list all of the forms you
will need to f ill out and will walk you thr ough the steps you w ill need to follow in order to
obtain your dissolution and/or parenting plan.
Introduction to Family Law in Montana Dissolution of Marriage
Dissolution:
In Montana, the legal name for a divorce is a “dissolution of marriage.”
The Parties to the Dissolution:
The wife and husband are called “the parties to the dissolution.”
The Petitioner is the party who first asks the court for a dissolution. The Petitioner asks
the court for a dissolution by filing a Petition for Dissolution with the court.
The Respondent is the other party.
Who Can File for Dissolution in Montana?
You only can get a dissolution in Montana if Montana has jurisdiction over your case.
Montana has jurisdiction to rule on your dissolution if you have resided in Montana for
at least 90 days prior to getting y our dissolution (M.C.A. § 40-4-104).
If there are children of the marriage who are under 18 years old, the children must have
resided in Montana for at least six months before you can file for a dissolution in the
state. There are a few exceptions, but, generally, Montana courts do not have
jurisdiction to make judgments regarding the children unless they have resided in the
state for at least six months (M.C.A. § 40-4-211).
How the Court Decides if You Should Get a Dissolution:
The legal reasons you must show to get a dissolution are called the grounds for
dissolution . In Montana, the ground for dissolution is “an irretrievable breakdown
in the marriage ” (M.C.A. § 40-4-107). W hen you ask the court for a dissolution, you
Introduction to Family Law in Montana, Page 5 of 18
must state in the Petition that there is an irretrievable breakdown in the marriage. In
order to show that there is an irretrievable
breakdown, you must tell the court that either
(1) you have lived separate and apart for 180 days prior to f iling for the dissolution, or
(2) there is serious marital discord which adversely affects the attitude of one of the
parties (M.C.A. 40-4-104).
No Fault Dissolution:
In Montana you do not have to show that one per son is at fault for the breakdown of the
marriage. Your spouse does not have to agr ee to getting the dissolution, and you do
not need to prove that there has been wrong-doing by one of the parties.
Other Issues Settled in a Dissolution Case:
A dissolution legally ends the marriage and changes your status from married to single.
It also determines related issues that you should address in the Petition for Dissolution,such as:
1. Living arrangements for the children and what contact they w ill have with each
parent;
2. Child support and medical support for the children;
3. Who will k eep what property; and
4. Who will be res ponsible for which debts.
You will need to know something about each of these issues before you file for your
dissolution. Each issue is explained in more detail below.
If your spouse disagrees over how one or mo re of these issues should be resolved,
s/he may file an Answer or Response to your Petition. If your spouse answers your
Petition, the case becomes a contested dissolution case.
Default Dissolution:
A default judgment is what the court awards you if your spouse does not answer your
Petition for Dissolution. Your spouse, the Respondent, has 20 days to respond to the
Petition after s/he is served with a copy of it. After 20 days, the Respondent’s default
can be entered by the Clerk of Court. You still will have to sc hedule a hearing and
appear in court in order to obtain your Final Decree of Dissolution. If you get a default
judgment, you w ill be granted everything you asked for in the Petition, as l ong as the
court finds that your request is “equitable” (fair). If there are children, the court also
must find that your proposed parenting plan is in the best interests of the children. The
instructions included in this packet assume that your dissolution w ill be a default
dissolution. If your spouse is likely to c ontest your Petition, and especially if s/he is
Introduction to Family Law in Montana, Page 6 of 18
likely to hire a lawyer, these forms probably
are not appropriate for you, and you should
consult an attorney before proceeding.
Joint Dissolution:
If both you and your spouse can agree to all of the terms of your dissolution, including
the parenting of the children and the division of property and debts, you may file for a
joint dissolution. W ith a joint dissolution, both you and your spouse are Petitioners,
and you both sign the Petition and the Parenting Plan. If you can agree to do a joint
dissolution, the process of filing for a dissolution may be more simple.
A Note about Maintenance:
Maintenance (sometimes called “alimony”) re fers to money one spouse pays to the
other, separate from child support. If you hav e been married to your spouse for several
years, you lack the means to provide for your reasonable needs, and you are unable to
support yourself through employment, you may want to request maintenance in your
Petition (M.C.A. § 40-4-203). A request for ma intenance usually is not appropriate in a
default dissolution. If your spouse is likely to contest such a request, you should see a
private attorney to represent your interests. The forms which come with this packet do
not include a provision for maintenance.
Other Kinds of Legal Separation:
In addition to a dissolution of marriage, there are two other ways to change your marital
status (neither of which are provided for in the set of forms which come with this packet.
If you are interested in pursuing the options discussed in this section, you should speakto an attorney):
Declaration of Invalidity of Marriage : A declaration of invalidity of marriage is
commonly known as an “annulment.” It states that the marriage never really existed
because it was based on some false understanding or information. There are only
certain, specific circumstances under wh ich an annulment can be granted in Montana
(M.C.A. § 40-1-402).
Separation : If either party asks, and the other party does not object, the court w ill grant
a decree of separation instead of a decree of dissolution. The requirements for a legal
separation are generally the same as for a dissolution. However, a decree of
separation does not end the marriage. You cannot legally remarry until the legal
separation is first changed into a dissolution. After six months, either party may ask the
court to change the decree of separation into a decree of dissolution.
Introduction to Family Law in Montana, Page 7 of 18Parenting
A Note About the Word “Custody”:
Montana law no longer uses the words “cust ody” and “visitation.” Instead, it uses
“parenting” to promote the idea that both parents should be involved in the children’s
lives.
How Will Parenting Duties Be Decided?
In every dissolution and/or parenting case , the parents are expected to develop a
Parenting Plan that explains where the children will live, how much time the children
will s pend with each parent, and how decisions w ill be made about the children. The
parents may or may not agree about all of the terms of the plan. If the parents cannot
agree, the judge w ill hear both sides and decide what is in the best interests of the
children. The court will approve a Final Parenting Plan which is intended to protect the
best interests of the children, clarify parental authority and responsib ility, and help
prevent future court action (M.C.A. § 40-4-234).
If you and the other party were married, you w ill ask for a parenting plan when you file
your petition for dissolution of marriage. As a part of the dissolution, the court will
address parenting arrangements for the children.
If you were not married to the other parent, you can file a “Petition to Establish a
Permanent Parenting Plan.” In this kind of case, the court w ill not address property or
debts. It w ill only address parenting arrangements, child support, and medical support
for the children.
What Are the Best Interests of the Child?
Montana law states that the court w ill decide parenting arrangements based on what it
believes are the “best interests of the child” (M.C.A. § 40-4-212). These are some
of the factors that the court considers w hen trying to determine what the best interests
of the child are:
1. The wishes of the child’s parents;
2. The wishes of the child;
3. The interaction of the child with the parents, siblings, and other persons who may significantly impact the child;
Introduction to Family Law in Montana, Page 8 of 18
4. One parent’s physical abuse or the threat
of physical abuse against either the
child or the other parent;
5. Chemical dependency or abuse by either parent;
6. Continuity and stab ility of care;
7. Developmental needs of the child; and
8. W hether a parent has knowingly failed to pay birth costs or child support that the parent is able to pay.
Preference for Both Parents to Participate in the Children’s Lives:
In Montana, the law presumes that “frequent and continuing contact” with both parents
is best for the children unless it is proven to the court that this is not true (M.C.A. § 40-
4-212). If you want to restrict or lim it contact with the other parent, you w ill need to tell
the court why it is in the children’s best interests to do so.
Paternity:
Montana presumes that a child born during the marriage is the biological child of the
husband. If you are not sure whether the husband is the father of the child, you may
want to separately establish paternity. If the parents of the child are not married, and
one of the parties questions the paternity, you w ill need to establish paternity before
getting a parenting plan. Paternity can be established by a court or administrative
judgment, decree, or or der (M.C.A. § 40-6-105).
If You Are Pregnant:
If you are pregnant and your spouse is the father, you w ill have to wait until you are no
longer pregnant in order to use the forms t hat come with this packet. If you are
interested in filing for a dissolution of marriage before your child is born, you should speak to an attorney.
If you are pregnant and your spouse is not t he father, you must state this in your
Petition. You may be required to establish paternity of the child before the court will
grant your dissolution.
Things to Consider when Setti ng Up Your Parenting Plan:
Frequent and Continuing Contact: The court assumes that children should have
“frequent and continuing contact” with both par ents. It is not necessary for children to
spend exactly equal amounts of time with each parent. However, when the children
reside with one parent most of the time, the court expects that the other parent w ill be
Introduction to Family Law in Montana, Page 9 of 18
allowed to have reasonable contact with the children.
Decision Making:
If you anticipate conflicts over i ssues related to your children’s
upbringing, you can specify in the parenting plan which parent w ill make decisions
regarding such things as the children’s education, spiritual development, and medical
care. The court assumes that each parent has the authority to make emergency
medical decisions as well as day-to-day dec isions while the children are residing with
that parent (M.C.A. § 40-4-234).
Restricting Contact: If you believe that restricting contact between the children and
the other parent is necessary, you can request certain conditions in your parenting
plan. Examples are:
1. Supervised contact by an agr eed-upon third party (e.g., a grandparent, a mutual
friend, a social agency, etc.). In order to get supervised visitation from the court,
you will need to explain why the supervised visitation is necessary to protect the
children;
2. Advance notice of intent to visit with the children (e.g., 24 or 48 hours, one week, one month);
3. Canceling the visit if the other parent is more than 30 minutes late;
4. Requiring the children to remain in Montana unless otherwise agreed upon by both parents.
Exchanging the Children for Visits: If you and your spouse often get into disagreements,
you might want to include specific information about how the children w ill be exchanged
for visits. If your relationship with your s pouse has been abusive, you might want to set up
a meeting place for the exchange that is public and safe, such as the parking lot of a busy
restaurant or shopping center.
Setting Up a Residential Schedule: Parenting plans can be general or very specific in
stating where the children will be at different times. For example, th e plan can state who
the children will live with before the children start sc hool, while they are in school, during
summer and winter vacations, and for different holidays and other special occasions. The
more specific you make your parenting plan, the less you and the other parent w ill be able
to disagree over vague or unclear language. It also w ill be easier to enforce with the police
or other officials if the other parent violat es the plan. If you are worried about enforcing the
plan, the police should be able to tell by look ing at the plan where the children should be.
For example, you should use language like, “the first and third weekends of the month from
5:00 p.m. Friday to 5:00 p.m. Sunday” rather than just “every other weekend.” Do not use
general language such as “reasonable visitation” if you are worried that the other parent
will not follow the plan or that you will have disagreements over wh at “reasonable” means.
Introduction to Family Law in Montana, Page 10 of 18
If a Parent Violates the Parenting Plan:
If one parent violates the plan by fa
iling to pay child support or by failing to return the
children at the agreed-upon time, the other parent is st ill obligated to follow the plan. Child
support and visits with the children are separ ate issues. If a parent does not visit the
children, s/he must still pay court-ordered child s upport. If s/he does not pay court-ordered
child support, that parent is st ill allowed to visit the children. Contact with both parents and
child support are considered rights of the children.
However, violation of the residential plan by one of the parents is punishable by contempt
of court and can be a criminal offense. The offending parent can be subject to arrest and
a fine of up to $500 or imprisonment in the county jail (M.C.A. § 45-5-631). W hen the
other parent has kept a child over the set visitation time, you can go to court and get an
order holding the other parent in contempt for violating the parenting plan. You should then
be able to get the police to help you get your child back. Keep a diary of problems with
contact with the other parent. You can use the diary to give details in your statement or
testimony to the court.
Updating the Court with Information:
Parenting plans must include a provision requiring both parties to update the court with
changes to the following information (M.C.A. § 40-4-204):
1. Your Social Security number;
2. Your residential and ma iling addresses;
3. Your telephone number;
4. Your driver’s license number;
5. Your employer’s name, address, and telephone number;
6. If the children are covered by a health or medical insurance plan, the name of the
plan, the policy identification number, and the names of the persons covered; and
7. If the children are not covered, information about availab ility of coverage through
the party’s employer.
Dispute Resolution:
If you later decide to change the parenting pl an, the Judge may order you to go through
some form of dispute resolution before returning to court (M.C.A. § 40-4-219). You can
specify in your parenting plan what form of dispute resolution is appropriate. You can ask
that a mutual friend, a family pastor, or another agreed-upon third party mediate between
you and the other parent. A few community agenc ies offer free or reduced cost mediation
services.
Mediation is not appropriate in cases involving domestic abuse (M.C.A. § 40-4-219(9)).
If there has been physical abuse or the threat of physical abuse by one parent against the
Introduction to Family Law in Montana, Page 11 of 18
other parent or the children, court action
may be the only appropriate way to change the
plan.
Child and Medical Support
Child Support:
W hen the court establishes a final parenting plan, it also w ill order one or both parents
to pay child support (M.C.A. § 40-4-204). If you already have a Child Support and
Medical Support Order through the Montana Child Support Enforcement Division
(CSED) or another appropriate agency, the cour t may simply refer to that Order and
acknowledge it as valid.
If you do not already have a Child Support Order in place, the court w ill determine a
child support amount based on Montana’s child support guidelines. Computer
software programs can do the complicated calculations automatically, and you may
have to provide the court with the result of these calculations in a document called the
Child Support Guidelines worksheet. You should ask the Clerk of District Court in the
County where you are filing your Petition if they have a procedure for doing the child
support calculations. You may also call the Montana Legal Services Association (1-
800-666-6124) to find out if there is assist ance available for running child support
calculations in your area.
How is the Child Support Amount Determined?
The amount that the parents are asked to pay is based on what the court considers
reasonable or necessary for raising the child. The amount is not affected by marital
misconduct. It is based on the following factors:
1. The financial resources available to the child;
2. The financial resources available to each parent (income, pensions, etc.);
3. The standard of living the child would have had if the parents were st ill together;
4. The child’s emotional, educational, and medical needs;
5. The age of the child;
6. The cost of day-care; and
7. How much time the child spends with each parent.
Financial Affidavit:
Introduction to Family Law in Montana, Page 12 of 18
One important factor in figuring the child
support amount is how much each parent is
earning. Both parents should complete a Child Support Guidelines Financial Affidavit.
You must sign this document in front of a notary, swearing that the information in it is
true. You are also required to attach copi es of your pay stubs or other documentation
of your income. CSED or the court will use this information to do the ch ild support
calculations. If you do not already have a child support order, you will be required to
file a copy of this affidavit with the cour t and serve a copy on the other parent as a part
of your dissolution or parenting case.
How Does Unemployment Affect Child Support?
Even if a parent is unemployed, or if his/her earnings are not known, the parent is still
responsible for paying child support. In general, the court assumes that everybody
could be working 40 hours each week and earning at least minimum wage. This amount
is therefore “imputed” to each parent. The court may impute higher than minimum
wage if the parent’s earning potential justifies it.
How Are the Child Support Payments Made?
Child support payments are generally made by automatic income withholding unless
the court finds a good reason why income withholding is not appropriate (M.C.A. § 40-
5-411). Income also can be withheld if the child support payment is delinquent (M.C.A.
§ 40-5-412). Support is considered delinquent if it is 8 days overdue. If you and the
children are receiving public assistanc e under Temporary Assistance to Needy
Families (TANF), the child s upport payments must be made through CSED.
Notifying the Child Support Enforcement Division:
If you are already receiving services from CSED, or if you receive public assistance
under TANF, you must notify CSED that you have filed for a dissolution of marriage
and/or parenting plan (M.C.A. § 40-5-202).
Medical Insurance:
Finally, every child support order also must include a provision about who w ill pay for
the medical insurance and medical expenses of the minor children (M.C.A. § 40-5-805, 806, 807).
The general rule is that a parent who has medical insurance available through his or
her employment must cover the children, if the insurance is available at a reasonable
cost. If both parents have health plans, they may both provide coverage for the
children. Sometimes the court will order both parents to pay premium s, deductibles, or
other health care expenses based on perc entages determined by the child support
guidelines. For instance, one parent may hav e to pay one-third of the expenses, while
Introduction to Family Law in Montana, Page 13 of 18
the other parent pays two-thirds. The obli
gation to provide medical insurance ends
when the child support obligation ends (M.C.A. § 40-5-808).
Property
As a part of a dissolution of marriage, the court must decide whether the property that
belongs to the married couple should go to the husband or the wife. You must
designate in your Petition who should get what property. The court w ill equitably
distribute the property and assets of the marriage (M.C.A. § 40-4-202). In deciding
what is equitable, the court w ill consider a number of factors, including:
1. The duration of the marriage;
2. The age, health, occupation, income, vocational sk ills, estate, liabilities, and
needs of both parties;
3. The parenting arrangements, if children are involved;
4. W hether maintenance has been granted;
5. The opportunity for both parties to acquire income and assets in the future; and
6. The contribution of a spouse as a homemaker to the family.
Declaration of Assets, Debt s, Income, and Expenses:
Under Montana law, both parties to the dissolution are required to give the other party
a list of their assets, debts, income, and expenses within 60 days of serving the Petition
(M.C.A. § 40-4-252). This document is called the Preliminary Declaration of Disclosure
of Assets, Debts, Income, and Expenses. If BOTH parties agree, the exchange of
preliminary declarations of disclosure may be waived.
The law also requires the exchange of final declarations of disclosure by both parties
before the case goes to trial or before the parties reach an agreement. However, if
your spouse does not answer the Petition, and a default judgement is granted, you may
waive the final disclosure requirements (M.C.A . § 40-4-257). Except in the case of a
default judgment, the parties can NOT agree to waive the exchange of final disclosures.
Failure of either party to file a complete financial disclosure statement can authorize
the court to accept the statement of the other party as accurate. Any deliberately false
statement may subject a party to contempt of court, fines, or appropriate penalties.
Introduction to Family Law in Montana, Page 14 of 18
Major Property:
Property such as houses or land are referred to as
real property. If you have large
assets to distribute in the dissolution, y ou should consider seeking the advice of an
attorney.
In addition, married people might have a right to part of each other's pensions or
retirement accounts. If you or your spous e have a pension or retirement account, you
should consider seeking t he advice of an attorney.
If you have cars or real property that you are dividing in your dissolution, you might
want to ask in your Petition that one party remove his or her name from the title and
deeds of the other person’s property within 20 days of when the final decree is entered.
Personal Property:
Typically, dissolution papers list who should get which major pieces of property, and
also state that each party is entitled to the personal property (such as clothing and
personal items) “currently in his or her possession.” If your spouse st ill has some of
your personal property that you would like retur ned, be sure to state so explicitly in your
Petition.
Temporary Economic Restraining Order:
W hile your dissolution is pending, both you and your spouse are prohibited from
selling, hiding, or disposing of any property without the consent of the other person,
“except in the usual course of business or for the necessities of life” or to pay attorney’s
fees (M.C.A. § 40-4-121). Both of you also are restrained from changing the
beneficiaries of your insurance coverage while the dissolution is pending. This
temporary restraining order on property is included in the Summons, the document that
officially notifies your spouse that you are f iling for a dissolution.
Debts
W hen you are drafting your Petition for Dissolution, you also should designate who
should be responsible for which debts (also known as “liab ilities”) of the marriage. The
Petition also should state that each party should be responsible for his or her own
debts from before the parties were married and a fter the parties separated. If you think
the court should make an exception to this, state the exception and the reason for it.
Introduction to Family Law in Montana, Page 15 of 18
Be Specific:
It is important to be as specific as possible when describing your debts. For example,
describe a credit card debt as “Capitol One Visa for $200.” Again, you are required to
disclose all of your debts to your spouse in
your Declaration of Disclosure (M.C.A. §
40-4-252). You might want to get a credit report prior to drafting your documents.
Creditors:
You are not responsible for the debts your spouse had before you were married or after
you are divorced. However, creditors can collect from you on your joint debts of the
marriage. These debts often include ut ility bills, credit cards, and contracts you both
signed.
Notify joint creditors of your separation as soon as possible. Only you and your ex-
spouse are parties to your dissolution. Th is means that creditors are not required to
honor the court’s division of debts. For example, if your spouse had medical b ills
during your marriage, creditors may st ill require you to pay them, even if the court
orders your spouse to pay them. You may s how the creditor your decree of dissolution
and explain to them how to contact your ex-spouse, but, again, the creditor does not
have to honor the division of debts outlined in your decree.
However, you can go back to the court wh ich issued your decree and ask the court to
hold your ex-spouse in contempt for fa iling to pay the bills as required in the decree.
You will usually need a lawyer to do this.
Temporary Orders
(Provisions for Temporary Orders are not pr ovided for in the set of forms which come
with this packet. If you are interested in pursuing any of the temporary orders
discussed in this section, you should speak to an attorney.)
Temporary Order of Protection:
If you feel that you or your children are in danger, you can file for a Temporary Order of
Protection. A Temporary Order of Protection makes it illegal for the other party to have
any contact with you and/or the minor child ren. The other parent may not come near
you, call you, or threaten you. You can add specific language to protect you at school
or work or any place that you often go.
District Court: If you are in the middle of filing for a dissolution or a parenting plan,
any temporary orders that you file must be f iled in District Court, where your dissolution
Introduction to Family Law in Montana, Page 16 of 18
or parenting plan also will be
heard. If you already have an Order of Protection in
place from municipal or justice court, you should transfer the Order to District Court. In
order to do this, you must file a Notice of Removal with the court who issued the Order.
For More Information: If you want more information about f iling for a temporary order
of protection, you should call a victim advocat e in your area. To find a victim advocate
near you, call the Montana Coalition Against Domestic and Sexual Violence at 1-888- 443-7794.
Other Temporary Orders:
Interim Parenting Plan: You can ask the court for an Interim Parenting Plan to outline
the living arrangements for the children while you are waiting for the court to issue the
Final Parenting Plan. You may want an Interim Parenting Plan if you feel that your
children are in imminent danger of being “s natched” by the other parent. You will
probably need an attorney to handle this matter.
Temporary Maintenance: If you have been married to y our spouse for several years
and need temporary financial assistance, y ou may want to pursue a Temporary
Maintenance Order. A request for maintenance usually is not appropriate in a default
dissolution. If your spouse is likely to c ontest such a request, you may need a private
attorney to represent your interests.
Temporary Child Support : If child support has not been established already and you
need money from the other parent to take care of the children while your dissolution is
pending, you can file a Motion for Temporary Child Support. Again, this might not be
appropriate for an uncontested dissolution or parenting plan, and a private attorney
may be necessary.
Temporary Family Support Orders: You also can request a Temporary Family
Support Order which, if granted, is effect ive while your dissolution is pending. This
order is not meant to eliminate orders for temporary maintenance or child support. A
Family Support Order puts a “holding pattern” on the marital estate while property and
debt issues are being decided. The Order gi ves the court the power to pay marital bills
based on the income and assets of both par ties. The court may order one or both
parties to sell assets in order to pay bills, if necessary (M.C.A. § 40- 4-121).
Introduction to Family Law in Montana, Page 17 of 18Post-Dissolution Issues
Remember to Follow the Decree:
W hen the court grants your dissolution, it w ill issue a “Final Decree of Dissolution”
dissolving the marriage and resolving the issues raised in the dissolution. Keep a copy
of the Decree and the Final Parenting Plan in a safe place. Make sure to follow the
orders in the Decree, including:
1. Paying your portion of the marital debts as soon as possible; and
2. Making sure vehicle and other titles ar e signed over to the appropriate party.
If You Receive Support Payments Directly from the Other Parent:
1. Keep a written record of all payments; and
2. Make copies of all checks, and keep them in a safe place.
If You Changed Your Name as Part of the Dissolution:
1. Keep your conformed copy of t he Decree as proof of the name change;
2. Notify the Social Security Administration (SSA) and complete the necessary
forms to receive a new identification card;
3. Update your driver’s license with the Department of Motor Vehicles;
4. Change your name on other important l egal papers (e.g., powers of attorney,
living wills, trusts, and contracts);
5. Notify other people and institutions with whom you have contact (e.g., friends
and family, employers, schools, post office, banks, creditors, telephone and
utility com panies, insurance agencies, the Public Assistance office, etc.).
Some Tax Issues to Keep in Mind:
1. The IRS assumes that the parent who has the children most of the time is entitled to the exemptions, but parents are allowed to trade them back and forth,
using IRS Form 8332.
2. Your marital status for tax filing is set as of the last day of the year. If you are
still married on December 31 ( and you file as of a calendar year, as most people
do), you must file as married (either jointl y or separately). If you are divorced as
of December 31, you must file single (either as head of household or not).
3. Contact a tax professional if you have further questions or think you may be eligible for other tax credits.
Introduction to Family Law in Montana, Page 18 of 18
If You or the Other Party Wants to Change a Parenting Plan Later
:
Dispute Resolution: Look at your Final Parenting Plan to see if there is a section on
Dispute Resolution. If you agreed to try mediation before going back to court, you
should initiate mediation by following the process described in the plan. If the plan
does not specify who should do the mediation, try to find a mediator who can do the
mediation for you.
Modifying Your Plan through the Court : If you cannot work out your disagreements
through mediation, or if your plan does not provide for mediation, you will probably
need a private attorney to amend your plan through the court.
If You Decide to Move:
A parent is required to give the other parent 30 days written notice before making any
move that will “significantly affect” the other parent’s contact wit h the children (M.C.A. §
40-4-217). You must give notice by certified mail or personal service, and you must file
proof of service with the court. You must include a proposed revised residential
schedule with the notice.
Thirty (30) days notice gives the other par ent time to ask the court to change the
residential schedule. If you move to another state with your children without giving
written notice to the other parent or getting the other parent’s consent, you may be
charged with “aggravated visitation interference.” You could be fined up to $1000 and
imprisoned up to 18 months. You may also be held in contempt of court (M.C.A. § 45-5-632).
