An uncontested divorce means that the parties have reached an agreement as to settlement of all issues involved in the dissolution. If the parties have not agreed then the matter is considered contested. See the attorney's fees page for information about lower cost uncontested divorce proceedings. Courts in Montana will equitably apportion between the parties the property and assets belonging to either or both, however and whenever acquired and whether the title is in the name of the husband or wife or both. Courts in Montana have broad equitable powers to divide all assets and debts of either party.
Equitable division is determined based upon a number of factors.
Under limited circumstances property may not generally be included in the martial estate such as property acquired prior to the marriage and to which the other spouse has not contributed, expected inheritance is not properly included, and property acquired after separation. The Montana Supreme Court has issued numerous opinions in this area which define how property is to be divided. This must be completed within 60 days of service of the Petition for Dissolution. Child Custody and Visitation is determined by the Court based upon the best interests of the child. There are a number of factors that the Court will consider when making this determination.