Introduction
"Family law" refers to legal issues arising out of relationships among family members. These issues include
considerations for the parenting of minor children and property distribution issues that may arise in the following
situations:
1. Dissolution of Marriage (Divorce)
2. Parenting Plan (Custody) determinations for children of separated parents
3. Child Support determinations (usually included in Dissolution of Marriage and Parenting Plan cases)
4. Grandparents' visitation actions
5. Adoption
Divorce
For all cases involving the parenting of children, Montana law focuses upon the best interests of the children.
For division of property in dissolutions of marriage, determinations are made based upon an equitable division
of property. Division of property is an additional issue in Dissolutions of Marriage (Divorces). Montana courts
have jurisdiction over all property of the parties to a dissolution, regardless of the origin of the property
or in whose name it is titled, and will equitably divide the property between the parties. In making an equitable
division, Montana courts will often first award premarital property and inheritances to the person who originally
owned the property. All remaining property is then divided equitably, with a common bench mark of an approximately
50/50 division of the core, "joint" marital property. Disputes over the division of property usually arise from
disagreements over whether certain property is premarital or inherited, and the value of various pieces of property.
Parenting Plan
A Parenting Plan is an outline of where and when minor children have parenting time with each of their separated parents.
Time elements to consider in developing a parenting plan include: primary residence during school, weekend parenting,
summer parenting, and holiday parenting. The overall parenting plan should be developed in the best interests of the
children.
Child Support
Child support is calculated per the Montana Child Support Guidelines, based upon factors such as each parent's income,
and the amount of time the children spend with each parent.
Free Initial Consultation
The attorneys at Henning, Keedy & Lee have over 25 years collective experience in addressing family law issues.
For a free initial consultation regarding your family law situation, please call (406) 752-7122 or (888) 865-8144. |
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