Divorce and parenting cases frequently involve third-party professionals whose job it is to opine regarding the issues in your case, be the eyes and ears of the Court or to make recommendations to the Court as to appropriate resolutions of contested issues. Knowing how to interact with these individuals is critical to the success of your case.

At the time two parties are divorced, a court will divide your marital assets in some fashion. In Montana, the court is charged with making a “fair and equitable” division of the marital estate, i.e., the assets and liabilities acquired during your marriage. The issue of inherited, gifted or premarital property is a subject for an entirely different post, but suffice it to say there are some different considerations for the division of these types of assets.

I am often asked whether there is an age at which a child can determine his or her own parenting schedule. The answer is not that simple. In Montana, there is no magic age at which a child is vested with plenary authority to decide her own schedule of contact with her parents. In broad terms, a court must always consider the wishes of the child as a specific statutory best interests factor under Montana law.