Getting Divorced In Montana

Montana has a "no fault" divorce law. This means neither spouse has to provide the reason for or prove why the marriage broke down, nor can he or she be obliged to pay damages for that breakdown.

Before a court will grant a divorce, it must determine that a married couple has either lived separately for six months prior to filing a divorce petition, or serious marital discord makes it unreasonable to expect the spouses to reconcile. Some district courts require spouses to attend mediation before the court will set a trial date.

Guiding You Through Divorce, One Step At A Time

At Terrazas Clark Henkel, P.C., we advocate for clients across western Montana, helping them resolve all matters related to divorce, including:

  • Uncontested divorce. These are usually simple divorces involving uncomplicated assets and few or no children. Spouses are capable of resolving differences amicably and can reach a settlement of basic financial, property and child-related issues without the need for court intervention.
  • Contested divorce. When divorcing spouses cannot agree on fundamental issues such as child custody, child support, division of marital assets or spousal maintenance (alimony), they may wish to have their contested issues resolved by a judge.
  • Mediated divorce. An impartial mediator may be able to help divorcing spouses resolve contested issues and reach a settlement without trial. Mediation is required in some counties before trial and in all appeals.
  • Complex/high-asset divorce. Some marriages involve a complex web of investments, retirement funds, business interests, real estate and children that may be too difficult to resolve without the help of an experienced law firm. Our lawyers are skilled at unweaving the web of assets and liabilities and negotiating a resolution or presenting our client's position at trial.
  • Legal separation. Separation is different from dissolution of marriage (divorce) in that spouses live apart but remain legally married under the terms of a separation agreement. This agreement is functionally similar to a divorce decree. After six months, either spouse may petition the court to convert the separation into dissolution.
  • Divorce planning. Divorce brings with it financial uncertainty and often requires spouses to re-evaluate long-held financial expectations. Our attorneys assist clients with estate planning and other financial matters related to divorce.
  • Modifications/enforcement. We help clients secure post-divorce modifications of their orders for child custody (parenting time), visitation (parental contact), child support, and spousal maintenance when their personal or financial circumstances change significantly. We also help clients enforce compliance with existing orders.

Contact Us

Contact Terrazas Clark Henkel, P.C., in Missoula, Montana, to discuss your options in a confidential consultation with an experienced divorce lawyer. Call us at 406-541-2550.