If you are contemplating a divorce, you may wonder: who gets what? If you and your spouse own a house together or have any debts, you are probably wondering how all of that gets sorted out. The answer is simple, although the process can be complex.
Montana is an equitable division state. Equitable does not mean equal; it means fair. And what’s fair for one couple may not be fair for another couple.
If the two spouses are able to agree on how to divide their assets and debts (commonly referred to as the “marital estate”) then 99% of the time, the Court will approve what they’ve agreed upon. But, in cases when the spouses are not in agreement, there are 17 different factors the law requires the Court to consider when determining what is equitable.
Mont. Code Ann. § 40-4-202 identifies each of the 17 factors the law considers. Some of these include each spouse’s health, earning capacity, education, age, and needs. Although the factors are the same for every divorce case, every divorce case is a little bit different because every couple is different.
If you’ve decided it’s time to end your marriage, you need an experienced attorney who can guide you through the process. At Judnich Law, we will work with you to identify the best way to divide the marital estate in your case. So you can move forward. And we strive to do this with as little stress upon you as possible. In fact, through our unique Cooperative Family Law process, attorneys Misty D. Gaubatz and Ashley Hurlburt can help you divide your estate and finalize your divorce, often in a single day.
Call our office today for a free consultation and to learn more about how Montana divides property and debts in a divorce.
Misty graduated from the University of Montana School of Law. She previously served as the clinical clerk for Federal U.S. District Court Senior Judge Donald Molloy and also worked as an intern for the Montana Attorney General’s Office in the Agency Legal Services Bureau. Prior to beginning her practice as an attorney, Misty worked for well over a decade as a paralegal for a local criminal prosecution office as well as a local civil law firm.
Read more about Misty’s areas of practice here.