Best Divorce Lawyers in Billings, MT

FAQs

• What is the non-emergency contact number for the local police station in Billings, Montana?

  The Billings Police Department is reachable at (406) 657-8200 for non-emergencies.

• Where can I get a copy of police reports for incidents related to my case in Billings, Montana?

  The Billings Police Department is at 220 North 27th Street, Billings, MT 59101. Reports may be obtained online from https://secure.coplogic.com/rar/startrequest/101723401/101727201.

• If a non-custodial father's solo professional consultancy practice fails and he goes completely bankrupt in Billings, may he seek relief from child support obligations?

  Yes, a non-custodial father in Billings may seek a modification of child support orders to be relieved of child support obligations. The courts will grant a modification if either parent experiences a significant change in circumstances for better or worse. In this case, going totally insolvent because of a failed career could be a significant change.

• Is the distribution of assets following divorces in Billings split right down the middle?

  No, the distribution of assets following divorces in Billings is not necessarily done on an even 50-50 split. The state law applied in the metro uses the language "equitable" instead of "equal" which looks into fairness instead of absolute evenness. Factors like the length of a marriage and the value of each spouse's contributions to the marital assets will be examined by the court to reach a just decision.

• Does Billings have a preference for either parent when it comes to determining which one gets custody of the kids after divorce?

  The law of Montana followed in Billings does not establish any preferences for either parent when deciding which one gets custody of the children. While there have been jurisdictions in the past that preferred the mother over the father, judges in the current day will place the child's best interests first without looking at factors like the parents' personal interests, gender, or sexuality.

• How do judges determine if a couple in Billings has an irretrievably broken marriage?

  Judges covering Billings will follow state laws when determining if a marriage is irretrievably broken and reconciliation is not reasonably expected. The laws look at factors like if the couple has been apart for more than 180 days before filing papers with the court or if serious disputes adversely affect a partner's views on the marital union.

• How much does it cost to get divorced in Billings?

  At the bare minimum, a couple in Billings could hypothetically get divorced for a filing fee of $200, assuming that the spouses can come to an agreement on the terms and conditions without needing the intervention of lawyers and mediators. However, the reality is that they will probably need lawyers and dispute resolution experts for complex matters, raising the costs to $20,000 and beyond.

• What are the basic steps to filing for divorce?

  The steps required to file for divorce depend heavily on whether the divorce is contested, if there are minor children or property issues at stake, and if there are disagreements over child support or alimony. The process may also differ from state to state, but generally parties must:

  • File the divorce petition
  • Hire a process server to give the other party divorce papers/respond to the original petitioner's filing
  • Request temporary orders covering issues such as custody/visitation, support, and exclusive property use
  • Make financial disclosures
  • Request discovery from your spouse
  • Propose and/or consider a possible settlement
  • Go to trial if necessary
  • Receive a signed judgment from the court indicating the divorce is final
  • Address post-divorce tasks such as transferring property titles and closing joint bank accounts

• How much does it cost to get a divorce?

  The cost of a divorce differs dramatically based on a litany of criteria, such as whether the divorce is contested, where the divorce petition is filed, and whether the divorce requires a professional intermediary or other legal expert. A simple, low-frills DIY divorce can be as little as a few hundred dollars. Add in mediation and the cost may jump to the mid-four figures and can easily reach $7,000 or more. Hire a lawyer and you may pay anywhere from $10,000 to $100,000+ if there are major custodial issue or complex financial concerns.

• How much does a divorce lawyer cost?

  Most divorce lawyers charge by the hour and billing can vary dramatically. Some attorneys in more affordable markets and/or with less experience may charge as little as $75/hour. More experienced attorney or those who have large staffs, specialize in complex cases, or hold relevant certifications may charge premium rates in excess of $400/hour. Then there are the amount of hours invested; simple cases may be over in a matter of weeks while hotly contested divorces can drag on for years leading to lawyer's fees in the tens of thousands.

• How to choose a divorce lawyer/what to look for?

  Divorce lawyers are not one-size-fits-all. It's important to find a lawyer whose skill set, experience, and resources align with the demands of each specific situation. For instance, some attorneys will push mediation while others are naturals in the courtroom.

  • Know your budget
  • Limit your search to lawyers experienced in family law
  • Zero in on lawyers or firms that can handle the complexities of divorce, especially any issues that may be specific to the current case
  • Read reviews and ask friends for recommendations, but remember that their situations and needs may not be the same
  • Conduct interviews to see who feels trustworthy and can spell out an approach that feels appropriate
  • Try to ignore ad campaigns and office décor and instead consider track record and skills

• What is an uncontested divorce?

  An uncontested divorce is one in which both parties agree on the major issues, such as custody of any minor children, child support, alimony, and how to divide any assets and/or debt. While uncontested divorces still require a judge to approve the terms of the divorcing couple's signed agreement, these relatively simple splits tend to move faster, cost less money, and are easier to execute without the help of a divorce lawyer. A divorce filing that goes unanswered by the non-petitioning party may also be considered uncontested.

• Can you file for divorce without a lawyer?

  It's possible to file for divorce without a lawyer, especially if the divorce is uncontested. Many states offer free divorce forms either online or at legal self-help centers located in or near family court. There are often dispute resolution resources available as well; mediation services can help iron out disputes over custody or financial support without involving lawyers. Still, a free consultation with a divorce lawyer can offer valuable insight, and contentious divorces, whether they go to trial or not, all but require legal representation.

• How long does it take to get a divorce?

  The length of a divorce is contingent on four things: each state's mandatory waiting period, whether the divorce is uncontested or contested, how quickly both sides can come to an agreement, and how quickly a judge is able to hear or review the case and sign off. The best-case scenario is an uncontested divorce in a state with a short waiting period which could see a divorce finalized in a matter of weeks. For divorces with highly combative parties, long discovery periods, and other complications, a decision could take months or even years.

• How to prepare for divorce?

  It's difficult to ever feel truly prepared for the rigors of divorce, but there are several steps that can make the process more bearable and allow for a more positive outcome:

  • Interview attorneys
  • Locate and make copies of important documents like mortgage and car titles, insurance policies, business licenses, financial records, bank statements, and income tax returns
  • Take inventory of valuable household items that should be considered later while splitting assets
  • Make a detailed list of monthly expenses, including utilities, rent or mortgage, childcare, kids' activities like sports or dance classes, school tuition, and insurance
  • Know what the respondent's income is, including any income from self-employment, stock dividends, and interest
  • Double-check credit history and evaluate both short- and long-term earning potential
  • Set goals for ideal custody arrangement, support amounts, and living arrangements
  • Get support from friends and family

• What to do with an engagement ring after divorce?

  Most courts follow state laws that consider an engagement ring to be the recipient's property once a wedding takes place, which means it remains that recipient's individual property even after a divorce. Other states categorize engagement rings as marital property and as such the ring is subject to the same division of assets as a house or art collection might be. For spouses who get to keep their jewelry, engagement rings can be sold, dismantled and repurposed, returned to the original buyer, or kept and handed down to any children the marriage may have produced.

• What is divorce mediation?

  When divorces get heated or even just have the potential to become messy, a neutral third party can help calm both parties and resolve issues without the need for a trial. This is called mediation. A great mediator is unbiased and invested in a balanced, fair outcome; they will ideally listen to both parties, encourage respectful discussions, and raise questions or concerns when appropriate. Once an agreement is reached, the mediator will prepare documents detailing the agreed-upon terms. Using a mediator only works if both sides are willing to meet and discuss a compromise, but doing so can save a considerable amount of time, money, emotional strain, and overall stress.