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Before dividing a debt, the court will have to characterize it as either marital or separate and then assign responsibility for it based on the same equitable principles applied to distribution of assets. If there are children of the marriage, then the court may increase the share of the spouse who has custody.
What is a wife entitled to in a divorce in Montana?
When it comes to property distribution law, Montana is an equitable distribution state, which means that instead of dividing all marital property equally down the middle (50-50), the marital property is divided in a fair and impartial manner.
Is Montana a spousal support state?
In Montana, either spouse can request spousal maintenance, but its not automatic in any divorce.
Is Montana a 50/50 state for child custody?
In Montana, what does joint custody mean? Joint custody means the parents share the responsibilities of raising the child equally, though the childs time does not necessarily have to be divided 50/50 between the parents.
Does debt get split during divorce?
Both your debts and your assets are owned equally in a marriage. In the absence of a specific court judgement otherwise, your debts are shared in a divorce. It would be beneficial to both parties to settle the debt - either by payment or by renegotiation with the card company or collection agency - before divorce.
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