Helena Divorce Lawyer

Divorce Attorney in Helena, MT

If you are going through a divorce or separation in Helena, you are likely facing significant legal, financial, and emotional challenges. Divorces are entangled with complicated legal issues like spousal support, child custody, and property division, making it difficult to navigate everything on your own. Luckily, a skilled Helena divorce lawyer at Delli Bovi, Martin, & Reed, LLC, is prepared to support you through every complex step of the Montana divorce process.

Our experienced family law team at Delli Bovi, Martin, & Reed, LLC understands the significant challenges that come with getting divorced in Helena, Montana. Whether you are caught up in an intense divorce full of disputes or you were just shocked by being served with papers, a knowledgeable Helena family law attorney can evaluate your circumstances and help you identify what steps to take next. Don’t hesitate to schedule a consultation so we can discuss how we can help you.

Understanding the Different Types of Divorce in Montana

Divorce in Helena, Montana can be classified into one of the two following categories:

• Uncontested. During an uncontested divorce, spouses agree on important issues such as spousal support, child custody, and property division. Uncontested divorces tend to be faster, cheaper, and involve less stress. In such cases, however, it is still strongly advised to have competent legal support to secure agreements that are legally enforceable and fair. Otherwise, one spouse may attempt to take advantage of the other.
• Contested. Contested divorces, in contrast, occur when spouses are not able to agree on one or more issues. Contested divorces typically go to court, where a judge makes all final decisions. The empathetic legal team at our firm has comprehensive experience guiding and supporting clients through contested divorces, allowing us to find effective resolutions in the most contentious cases.

What Is a Collaborative Divorce in Montana?

A collaborative divorce is an alternative dispute resolution method that encourages divorcing spouses to work in a collaborative manner, usually with legal representation and other professionals involved. This method encourages spouses to work out their issues outside of the courtroom, helping to save time and money and potentially preserve relationships. Collaborative divorces give spouses a more constructive space to resolve their issues when they are able.

The Divorce Process in Montana: What You Need to Know

The divorce rate in the state is 2.3 per 1,000 residents, so you are not alone going through this process. The divorce process in Montana can be complicated and lengthy, but it doesn’t have to be unmanageable. An adept Helena family law attorney from our firm can guide you through every step of the process, including:

• Petition Filing and Serving. The divorce process is initiated once one spouse files a petition in Montana for the dissolution of their marriage. This petition must be served from one spouse to another. Once the receiving spouse is legally served, they only have a certain period of time to respond. Whether you are filing and serving or you were served papers, our lawyers can help you identify what steps to take next.
• Discovery and Negotiation. During the discovery phase of a Montana divorce, each party is required to share any relevant information about their finances and assets to allow for everything to be divided equally. During this phase, negotiations may be carried out between lawyers and spouses before the case goes to court. Our team can work to see that your needs are not only respected but also met during this time.
• Court Proceedings. If an agreement cannot be reached outside of court, the divorce case may need to go to trial. During court proceedings, a judge will hear both sides of the case, including legal arguments that our team can help you build. Our lawyers can work to defend your rights and make certain that you are not taken advantage of by your spouse.
• Divorce Finalization. After the resolution of all divorce issues, the divorce can be finalized through the issuance of a decree. Our team can stay by your side until this very last step, verifying your divorce is closed and finalized responsibly.

Property Division in Montana Divorces

The process of dividing property between divorcing spouses is often the most time-consuming and contentious aspect of a divorce. Montana is an equitable distribution state when it comes to divorce, meaning that marital property is divided equitably, but not necessarily equally, between the spouses. When making decisions about how to divide assets, courts may consider the following aspects of the marriage and relationship:

• How long the couple had been married
• The careers, earnings, and potential future financial position of each person
• Debts and premarital assets
• The need to provide for children

All of these factors may also be considered when deciding whether one spouse should pay alimony, or spousal support, to the other. Generally, when spouses have a significant earnings disparity and are accustomed to a certain lifestyle, the spouse who earns more money may be ordered to pay spousal support to the other to help them maintain their lifestyle.

There are several assets that come up routinely in divorce proceedings, and the equitable distribution principle applies to all of them. The following are some examples:

• Homes. When deciding how to divide a home between divorcing spouses, the court will consider whether one of them owned the home before the marriage and how much money each of them has contributed toward maintenance and improvements. Spouses may decide to sell the house and split the money, one may buy the other out, or they may make a plan to sell the house at a later date.
• Retirement accounts. Usually, if one spouse has a retirement account, only contributions made during the course of the marriage can be divided. The rest remains the property of the spouse who holds the account. The same rule generally goes for investments. Whatever went into investment accounts, or was built up in investment accounts, during the marriage is subject to equitable division.
• Debt. When you divorce, you also need to divide your debt. Generally, any debt either spouse had before the marriage is their own responsibility, but debt acquired during the marriage can be divided equitably according to each spouse’s ability to pay and the circumstances of the acquisition of the debt.
• Businesses. It can be particularly difficult to divide business interests in a divorce. Courts might consider whether the business existed before the marriage, how much each spouse has contributed to the business, both in terms of work and finances, and how to equitably distribute business interests without destroying the business in the process.

The concept of equitable asset distribution is to safeguard individuals from being left in especially precarious financial positions following a divorce. Because spouses generally do not always equally contribute to building marital assets or managing a family home, numerically equal asset distribution would be unfair in many circumstances.

If spouses can have amicable discussions, the process of asset division can still be tedious, but it does not have to be contentious. The spouses can work with their attorneys to assess their legal and financial positions and determine how to equitably divide their assets and share custody of any children they may have. When spouses agree on how to distribute everything and come up with a parenting plan, judges generally support those decisions as long as they seem fair.

Mediation: What if Spouses Cannot Agree?

It often happens that divorcing spouses have trouble agreeing on the terms of their divorce, whether the disagreement has to do with property division, spousal support, child custody, or something else. When this happens, couples put themselves on the road to an expensive, time-consuming, and emotionally charged courtroom hearing. Fortunately, that is not the only option.

Mediation is an alternative dispute resolution method that can help couples come to an agreement without needing to stand in front of a judge. During mediation, the couple meets with their attorneys and a court-appointed mediator, a person trained in conflict resolution and knowledgeable about Montana divorce laws.

The mediator goes through the disputed topics with the couple, attempting to help them reach common ground and compromise on contentious issues. If the couple is able to come to an agreement, the agreed-upon terms can be written into a document, which can then be signed by a judge to make it legally binding.

How a Helena Divorce Lawyer Can Assist You

Whether you are grappling with key issues like spousal support, child support, or property division, an experienced attorney from our firm can help you find solutions that make you feel comfortable. Specifically, when you hire a divorce lawyer from our firm, we can support you in the following ways:

• Comprehensive Legal Guidance. It can be disorienting to navigate the divorce process on your own, especially with the complex rules and regulations that dictate proceedings. When you work with us, you can trust that you’ll receive comprehensive, strategic legal advice that helps you achieve your goals. You can also rest assured that you have a fierce advocate on your side looking out for your rights and interests.
• Asset Protection. Divorce can threaten your financial well-being and the assets you have worked hard to collect. Our lawyers work to divide assets equitably, create fair spousal support arrangements, and calculate all child support payments accurately. We can also help you explore divorce options, like uncontested divorces, to help minimize the costs of the overall process if needed.
• Minimize Conflict. Divorces often involve high stakes that can heighten emotions even further. Our legal team helps to find solutions that minimize conflict, opting for resolutions of a cooperative nature. We can use our negotiation skills to discuss your needs with the other party and create fair compromise is met without causing additional disputes.
• Fierce Representation. In the event that your case goes to court, our lawyers can fiercely advocate on your behalf, bringing forward robust legal arguments that demonstrate your needs.
• Clear Communication. When you work with a detail-oriented divorce lawyer from our firm, you won’t have to worry about being left in the dark. At every stage of the divorce process, we work to keep you informed with updates so that you can be aware of your rights and stay prepared for what is to come.

FAQs

Where Are Divorce Proceedings Held in Helena?

In Montana, divorce cases are generally handled by branches of the Montana District Court. The Montana District Court is housed in various courthouses around the state, with each branch serving people in the surrounding area. For people filing divorce cases in Helena, proceedings are likely to be held at the Lewis & Clark County District Court, which is located at 228 East Broadway Street in Helena.

How Much Does It Cost to Hire a Divorce Attorney in Helena?

The cost to hire a divorce attorney in Helena will ultimately depend on the complexity of your case and the amount of time your lawyer needs to spend working on it, as well as the individual lawyer’s hourly rate and fee structure. Another factor that could affect fees is whether or not your divorce case proceeds to court or if it can be resolved through alternative dispute resolution.

Do All Contested Divorces End Up in Front of a Judge?

No, not all contested divorces result in a courtroom hearing. Before taking a case to court, spouses who cannot initially agree on the terms of their divorce may be asked to discuss matters in the presence of a mediator, a court-appointed person who might be able to help them work through their disputes.

Can a Prenuptial Agreement Be Voided if One Spouse Cheated?

Generally, no, cheating does not void a prenuptial agreement. Having a prenuptial agreement in place can make divorce a much smoother process, as these agreements typically include a plan for asset division. However, some prenuptial agreements, or parts of them, are not legally enforceable. Some agreements may include an infidelity clause prescribing financial consequences for cheating, but these clauses are often considered unenforceable in court.

Put Family First With a Skilled Helena Divorce Lawyer

If you are going through a divorce, a Helena divorce attorney from Delli Bovi, Martin, & Reed, LLC is eager to meet with you and work through the challenges you are facing. We can provide you with the legal guidance and advocacy you need to protect your rights as well as the rights of your family. Contact our firm today to learn more about our Helena divorce services and how we can assist you.