So you're thinking about divorce.

Divorce is one of those dreaded words that most people never want to utter in their lives. Going through a divorce is one of the most difficult experiences a person can go through. It does not however have to be the end of the world.  

Divorce can be and should be embraced as an opportunity to try something new and make discoveries about yourself. Take the opportunity to do something you never thought you would because you were married (within reason). Doing so will better allow you to control the huge swings of emotions that people go through during divorce proceedings.

Divorce isn’t such a tragedy. A tragedy’s staying in an unhappy marriage, teaching your children the wrong things about love. Nobody ever died of divorce.
— Jennifer Weiner, Fly Away Home

Focusing on what went wrong is usually the greatest cause of long term discontent when getting divorced. Focusing on the negative will only perpetuate your negative feelings and cause increasing feelings of inadequacy and hostility. Divorce should be something that provides valuable life lessons that can help you live a better and more fulfilling life.

Alright, enough psychoanalysis, what is the process of getting divorced in Montana and why should Carl Law be the one to help you through it?

What is "No Fault" Divorce?  How does it affect me?

In Montana either spouse may obtain a divorce even against the other's wishes.  In the past, parties had to prove one of several conditions to be allowed to divorce, the most common examples being "irreconcilable differences" or "adultery." Other lessor known reasons being "abandonment" or "habitual drunkenness" (yes really). We decided as a State that having to prove a party was "at fault" for causing was wrong. Now we allow any party that wants a divorce to get a divorce, whether the other spouse wants it.

What does this mean for you?  It means a few things. First, it means that even if you resist, if your spouse follows through with the proceedings, he or she will get divorced from you. It's important to understand that early on and deal with it emotionally instead of letting it linger.  

Secondly, in Montana, no fault divorce also means that the division of marital property is not based on fault. It is a common misconception that "wronged" spouses (spouses that have been cheated on for example) are entitled to more property since the other spouse is the reason or "at fault" for the divorce. Again, Montana decided that property issues and personal issues should remain separate and therefore will not grant either spouse special treatment.  This can be frustrating but it is the system we have presently. If you feel Montana has it wrong, contact your legislator.

Why choose Carl Law?

You're going through a difficult time and we understand that. You want someone that not only can "get the job done" but can do it in a way that provides a positive experience. Being someone's divorce attorney is a lot more of a personal relationship than representing people in other legal matters. Divorce attorneys become intimately involved in almost all aspects of a person's life. A good divorce attorney understands the importance of that bond and cultivates that level of trust necessary in a good attorney/client relationship.

You do not want divorce to be something that you survive. It should be something that gives you perspective and opens up possibilities to you that weren't there before. A good lawyer will take care of the "dirty work" and allow you to explore your new opportunities. That is what we at Carl Law strive to do.

Contact us at (406) 294-6649 or fill out the form below.

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