Perfection does not make a happy marriage since the two parties are humans. We all have weaknesses that may lead us into mistakes that may cost us the happiness and trust of our marriages. Despite the refusal to give up on their marriages, it is unfortunate that most people still cannot mend the breaks. Letting a spouse go, they say, is when you know how much you love them. Separation is not easy, yet at times it is vital.
Some circumstances are confusing to couples since they feel they ought to fight for their marriage but do not know-how. Do we give up so quickly and settle for divorce? This is a question many couples ask and results in opting for a legal separation. Though it involves a legal process, it does not dissolve a marriage. This is the time that the couple can take to settle their differences.
Montana allows couples to pursue legal separation by filing in a law court. The couple will also seek to settle separate issues with their union. For instance, issues that pertain to children are sensitive during a separation. If unsure of the process to follow when filing for legal separation, here is a comprehensive guide.
Legal separation is a state of couples living separately under the law. In Montana, a legal separation begins with an informal separation. The couple then filed for legal separation in court to receive the decree legalizing their separation. Couples separate for various reasons; however, the law in Montana requires that the reason(s) be irretrievable in the marriage.
Montana residents who intend to go through a legal separation need to go through a filing. This is the first step in any legal process. Knowing what the law requires and the procedures are essential. Requirements that are necessary for legal separation include ground. The only basis for legal separation in Montana is the irretrievable breakdown. The procedure is more likely than divorce, where you have to present documents to the court. It is essential to prove the residency of either the couple or the marriage certificate. Next, you will serve your spouse with the notice that they may respond to the claims. The next step is to go for court proceedings, after which the judge issues a decree of separation.
Walking away from marriage and being legally separated does not seem advantageous. However, some marriages encounter domestic violence, and it is best when separated. Compared to divorce, the process acts as a golden ticket to restoring the marriage. Here are some advantages of legal separation that include:
Separation is tough and causes people stress. It is a process no one would wish for, not unless it is necessary. Multiple disadvantages come with the process and decree, including:
Couples have reasons that make their marriages result in a divorce or a legal separation. It is essential to consider both options thoroughly. It is best when a couple can agree on the suitable process for their marriage. Knowing the difference is also essential since it guides making a suitable choice.
Divorce is a process where marriage is completely dissolved without a chance of reconciliation in marriage. Legal separation allows a couple to live separately for some time and decide if they wish to reconcile or not.
Following a divorce, the marriage dissolution gives the couple a chance to move on to another marriage. Marriage is still active even after the legal separation.
After the divorce, the couple will file for taxes individually. This is not the case for legal separation as the couple continues to file for taxes jointly, which lowers the amount.
Both are processes that involve legal procedures, which may take time before the judge's decision is announced.
The two processes will require monetary funding, as you have court charges and attorney charges.
If you seek to pursue a legal separation, it is vital to be patient. It is also worth noting that every legal separation process is unique, and so are the outcomes.
Legal separation in Montana is a legal process that will take longer than expected. It is worth mentioning that no legal process will grant the judge's decision in a day. Once you file for legal separation in Montana, you will have to wait for the decision for 4 to 6 months. This period could be elongated if there are disputed issues in the case. Once you are legally separated, the separation can last for two years or continue to be a long-term order.
Legal separation comes at a cost. The cost will include court and attorney fees. After having all the filing documents ready, the filing fee payable to the court is $150. Further charges can be incurred when an issue is contested. A cost of $120 should be paid to the court in case of contention. This will take more time and cost more. Attorney fees will depend on their hourly rate. Every attorney is unique in charge and experienced.
It is evident to many that marriage separation will separate a couple. Often we do not consider that the children are also separated. This was mainly from the previous life when both parents were actively raising them. After the separation, the children will spend more time with their custodial parents.
According to the visitation time awarded, the non-custodial parent will spend less than 50% of the children's time. Parents who can agree before the decision of the judge may determine custody. This is through a separation agreement prepared by both. Failure to agree allows the judge to make the decision.
Child support is payable by a non-custodial parent. The amount is determined by the number of children from the marriage. Any child below 18 years should get support. If there are disabled children, they will need support even after they are over 18 years old.
A trial separation is preferred mainly by couples before pursuing a legal separation. Each party will opt to move away from the marital home during this period. A couple will make regulations and agreements on issues that need attention following their separation. The law is not involved in the process since it is an informal arrangement.
Legal procedures and requirements are not easily understood unless there is the intervention of an attorney. It is not required to have an attorney, though it is highly recommended. There is a difference in time and resources for couples who had an attorney and who did not during the legal separation process.
An attorney can guide you on the advantages and importance. You will also be guided on what to agree upon in the agreement.
A separate agreement is essential since it includes details of how everything will be run. The agreement is a legally binding document, and both couples must sign this document. The court will consider everything that the agreement entails. This document seeks to resolve issues that may result in a dispute during the legal separation proceedings.
There is a procedure on how a separation agreement document should be prepared. There are a lot of details necessary to be included in the document, including:
The couple decided to establish if they would wish to adopt this document in case of divorce. This document can be prepared with the help of an attorney.
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