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What you need to know
Even though the relationship between you and your spouse has changed and you may no longer be living together, until you are legally divorced, you are still married. The legal ramifications of being married vary from state to state, but generally speaking, until you are divorced you and your spouse have certain rights and obligations to one another. In general, until you are divorced not only can you not remarry but also anything you obtain may be subject to a claim of ownership, in whole or in part, by your spouse, and the future ownership of assets and property already obtained may be unclear.
Montana Divorce Laws (Grounds, Filing Process, Property, Support, Custody)
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Hire a Montana Divorce Lawyer or MediatorIf your divorce is contested and/or you need legal advice, you will most likely be hiring a divorce Lawyer or Mediator to begin your Montana divorce proceedings. All it takes is making a phone call to set up an initial consultation, which is often offered free of charge.
Montana law calls for equitable division of property. While equitable implies fair, it does not necessarily mean equal. The court, however, encourages spouses to come to an agreement on their own regarding marital property. If the court must intervene, it will take several factors into account. Considerations include, but are not limited to, whether or not one spouse will receive alimony payments, the earning capacity of both spouses, length of the marriage, contribution of the homemaker if applicable, custody arrangements, and debts and age.
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