New Jersey Divorce Laws

Residency Requirements for Divorce in New Jersey

1. One of the spouses must be a resident of New Jersey for at least 1 year prior to filing for divorce (or)
2. When the cause for divorce is adultery and took place in New Jersey, 1 of the spouses must have been a resident.

The divorce may be filed for in any county in New Jersey.
[New Jersey Statutes Annotated; Title 2A, Chapters 34-8 and 34-10].

Legal Grounds for Divorce in New Jersey

1. No Fault Divorce: Living separate and apart for 18 months and no reasonable prospect of reconciliation.
   [New Jersey Statutes Annotated; Title 2A, Chapter 34-2].
2. General Divorce:
   1. Adultery
   2. Imprisonment for 18 months
   3. Unnatural sexual behavior before or after marriage
   4. Alcoholism or drug addiction
   5. Confinement for incurable insanity
   6. Willful desertion for 1 year
   7. Cruel and inhuman treatment
   8. Separation for 2 years caused by confinement for mental illness
   9. Extreme cruelty
   [New Jersey Statutes Annotated; Title 2A, Chapter 34-2].

Legal Separation in New Jersey
The grounds for legal separation (or a divorce from bed and board) are the same as for divorce. One of the spouses must be a resident of New Jersey for at least 1 year prior to filing for legal separation or when the cause for legal separation is adultery and took place in New Jersey, 1 of the spouses must have been a resident (no time limit).
[New Jersey Statutes Annotated; Title 2A, Chapter 34-2].

Simplified/Special Divorce Procedures in New Jersey
The filing of an acknowledgment of service of process or appearance is specifically authorized. Also, there is a required Case Information Statement which must be filed as shown in New Jersey Civil Practice Rules, Appendix V.
[New Jersey Statutes Annotated; Title 2A, Chapter 34-11].

Divorce Mediation or Counseling Requirements
There are no legal provisions in New Jersey for divorce mediation.

Divorce Property Distribution
New Jersey is an "equitable distribution" state. A spouse's separate property acquired before a marriage is retained by that spouse. All of the spouse's other property (except that acquired by gift and inheritance) is divided equitably, based on the following factors:

1. The value of each spouse's marital property
2. The value of the separate property of the spouses
3. The length of the marriage
4. The age and health of the spouses
5. The amount and sources of income of the spouses
6. The liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
7. The standard of living established during the marriage
8. How and by whom the property was acquired
9. The tax consequences to each spouse
10. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
11. The economic circumstances of each spouse at the time the division of property is to become effective
12. Any written agreement between the spouses
13. The income and earning capacity of the spouses
14. The educational background, training, and employment skills of the spouses
15. Any custodial responsibilities
16. The length of absence from the job market
17. The time and expense necessary to enable the spouse to acquire sufficient education or training to enable the spouse to become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage
18. The need for the parent with custody of any children to own or occupy the marital residence
19. The need to create a trust fund for the future medical or educational needs of a spouse or children
20. Any other factor necessary to do equity and justice between the spouses

[New Jersey Statutes Annotated; Title 2A, Chapter 34-23].

Alimony and Spousal Support
Either spouse may be ordered to pay alimony, without regard to marital fault, based on the following factors:

1. The duration of the marriage
2. The actual needs, obligations, and ability to pay of each spouse
3. The standard of living established during the marriage and the likelihood that each spouse can maintain a comparable standard of living
4. The time and expense necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
5. The age of the spouses
6. The physical and emotional conditions of the spouses
7. The earning capacities, educational levels, vocational skills, and employability of the spouses
8. The length of absence from the job market
9. Any child custodial responsibilities of the spouse
10. The availability of training and employment
11. The opportunity for the future acquisition of capital and income
12. The history or financial and non-financial contributions of each spouse to the marriage, including the contribution of each spouse to the care and education of children and interruption of personal careers or educational opportunities
13. The equitable distribution of property and any payouts from this property, if a consideration of this income is fair and just
14. Any investment income available to either spouse
15. The tax consequences of any alimony
16. Any other factor the court deems just and equitable

[New Jersey Statutes Annotated; Title 2A, Chapter 34-23].

Spouse's Name After Divorce
The court may allow either spouse to use his or her former name.
[New Jersey Statutes Annotated; Title 2A, Chapter 34-21].

Child Custody After Divorce
Sole or joint custody may be awarded based on the following factors:

1. The physical, emotional, mental, religious, and social needs of the child
2. The preference of the child, if the child is of sufficient age and capacity

No preference is to be given because of parent's sex. A father may not forcibly take a minor child from a mother's actual physical custody.
[New Jersey Statutes Annotated; Title 2A, Chapter 34-23 and New Jersey Case Law].

Child Support After Divorce
The court may award child support for the care, maintenance, and education of a child. The factors for consideration specified in the statute are:

1. The needs and liability of the child
2. The standard of living and economic circumstances of both parents
3. The financial resources, needs, and obligations of both the non-custodial and the custodial parent
4. The earning ability of each parent, including educational background, training, employment skills, work experience, custodial responsibility for the children, cost of childcare, and the length and cost of education and training to obtain employment
5. The need and capacity of the child for education, including higher education
6. The age and health of the child and the parents
7. The income, assets, and earning ability of the child
8. The responsibility of the parents for the support of others
9. Any other relevant factors

There are specific New Jersey Supreme Court child support guidelines contained in New Jersey Civil Practice Rules, Appendix IX.
[New Jersey Statutes Annotated; Title 2A, Chapter 34-23].

New Hampshire Divorce Laws

Residency Requirements for Divorce in New Hampshire

1. Both spouses must be residents of the state when the divorce is filed for
2. The spouse filing for divorce must have been a resident of New Hampshire for 1 year immediately prior to filing for divorce and the other spouse was personally served with process within the state (or)
3. The cause of divorce must have arisen in New Hampshire and 1 of the spouses must be living in New Hampshire when the divorce is filed for. The divorce may be filed for in a county where either spouse resides

[New Hampshire Revised Statutes Annotated; Chapters 458:5, 458:6, and 458.9].

Legal Grounds for Divorce in New Hampshire

1. No Fault Divorce: Irreconcilable differences which have caused the irremediable breakdown of the marriage.
   [New Hampshire Revised Statutes Annotated; Chapter 487:7a]
2. General Divorce:
   1. Impotence
   2. Adultery
   3. Abandonment and not being heard of for 2 years
   4. Imprisonment with a sentence of more than 1 year served
   5. Physical abuse or reasonable apprehension of physical abuse
   6. Desertion without support of spouse by husband for 2 years
   7. Extreme cruelty
   8. Habitual intemperance (drunkenness) for 2 years
   9. Living separate and apart without cohabitation for 2 years
   10. Mental abuse
   [New Hampshire Revised Statutes Annotated; Chapters 458:7, 458:7a, and 458:26].

Legal Separation in New Hampshire
The grounds for legal separation (limited divorce) in New Hampshire are the same as for divorce:

1. The spouse filing for legal separation must have been a resident of New Hampshire for 1 year (or)
2. The cause of legal separation must have arisen in New Hampshire and 1 of the spouses must be living in New Hampshire when the action for legal separation is filed for

[New Hampshire Revised Statutes Annotated; Chapters 458:5, 458:6, 458:7, 458:7a, and 458:26].

Simplified/Special Divorce Procedures in New Hampshire
There are no legal provisions in New Hampshire for simplified divorce procedures.

Divorce Mediation or Counseling Requirements
At either spouse's request or if the court feels that there is a reasonable chance at reconciliation, it may delay the divorce proceedings and order the spouses to submit to marriage counseling. There are also provisions for voluntary marital mediation of issues involved in the divorce.
[New Hampshire Revised Statutes Annotated; Chapters 458:6, 458:7B, and 458:15-a].

Divorce Property Distribution
New Hampshire is an "equitable distribution" state. The court will divide all of the spouse's property, including:

1. Gifts
2. Inheritances
3. Property acquired prior to the marriage
4. Any retirement or pension benefits, as is equitable and just

An equal division is presumed to be equitable. The factors for consideration specified in the statute are:

1. The length of the marriage
2. The age and health of the spouses
3. The occupation of the spouses
4. The vocational skills of the spouses
5. The employability of the spouses
6. The value of each spouse's property
7. The amount and sources of income of the spouses
8. The liabilities and needs of each spouse
9. The opportunity of each for further acquisition of capital assets and income
10. The ability of the custodial parent to engage in gainful employment without interfering with the interests of any minor children in custody
11. The need of the custodial parent to occupy or own the marital residence and any household furnishings
12. The actions of either spouse during the marriage which contributed to the increase or decrease in value of any property
13. Any significant disparity between the spouses in relation to the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse to the care and education of the children and the care and management of the home
14. The expectation of any retirement or pension benefits
15. The federal income tax consequences of the court's division of the property
16. Any marital fault if such fault caused the breakdown of the marriage and caused pain and suffering or economic loss
17. The value of any property acquired prior to marriage or exchanged for property acquired prior to marriage
18. The value of any gifts or inheritances
19. Any direct or indirect contribution to the education or career development of the other spouse
20. Any interruption in education or career opportunities to benefit the other's career, the marriage, or any children
21. The social and economic status of each spouse
22. Any other relevant factor

[New Hampshire Revised Statutes Annotated; Chapter 458:16-a].

Alimony and Spousal Support
Either spouse may be ordered to pay support to the other if:

1. The spouse in need lacks sufficient income or property to provide for reasonable needs, taking into account the standard of living during the marriage
2. The spouse to pay is able to meet his or her reasonable needs, taking into account the standard of living during the marriage
3. The spouse in need is unable to support himself or herself at a reasonable standard of living or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not seek employment outside the home

The factors for consideration are:

1. The duration of the marriage
2. The age of the spouses
3. The physical and emotional conditions of the spouses
4. The vocational skills and employability of the spouse seeking support
5. The tax consequences to each spouse
6. The amount and sources of income of the spouses
7. The occupation of the spouses
8. The value of each spouse's property
9. The liabilities and needs of each spouse
10. The opportunity of each for further acquisition of capital assets and income
11. Any marital fault if such fault caused the breakdown of the marriage and caused pain and suffering or economic loss
12. The contribution of each spouse to the acquisition, preservation, or appreciation in value of the marital property, including any non-economic contributions of each spouse to the family unit
13. The social and economic status of each spouse

[New Hampshire Revised Statutes Annotated; Chapter 458:19].

Spouse's Name After Divorce
A spouse's former name may be restored in a divorce.
[New Hampshire Revised Statutes Annotated; Chapter 458:24].

Child Custody After Divorce
Joint legal custody (joint responsibility for all parental rights and decisions, except physical custody) is presumed to be in the best interests of the child unless there has been child abuse by 1 of the parents. Custody is awarded based on a consideration of the following factors:

1. Preference of the child
2. The education of the child
3. Any findings or recommendations of a neutral mediator
4. Any other factors

No preference is given to either parent based on the parent's sex. Repeated and unwarranted interference by a parent with primary custody with the visitation rights of the other parent is a factor in modifying custody arrangements. Stepparents or grandparents may be granted visitation rights.
[New Hampshire Revised Statutes Annotated; Chapter 458:17].

Child Support After Divorce
The court may order reasonable provisions for the support and education of a child. There are specific child support guidelines set out in the statute. There is a presumption that the amount set forth in the guidelines is correct, unless it is shown that the amount is unjust or inappropriate under the particular circumstances of a case. The factors for consideration for adjusting the amount up or down which are specified in the statute are:

1. Any extraordinary medical, dental, or educational expenses of the child
2. A significantly higher or lower income of either parent
3. The economic consequences of the presence of any stepparents, stepchildren, or natural or adopted children
4. Any extraordinary costs associated with physical custody
5. The economic consequences to either parent of the disposition of the marital home
6. Any state or federal tax consequences
7. Any split or shared custody arrangements
8. The costs of providing college educations to any natural or adopted children
9. Any other significant factor. The court may order health insurance coverage as a method of support

There are also provisions for wage assignments and wage withholding to secure the payment of any child support.
[New Hampshire Revised Statutes Annotated; Chapters 458:17, 458:18, and 458-C:1-5].

Nevada Divorce Laws

Nevada Divorce Laws

Residency Requirements for Divorce in Nevada
The divorce may be filed in the county: (1) where either spouse resides; (2) where the spouses last lived together; (3) where the cause of the divorce took place; or (4) where the plaintiff resided for 6 weeks immediately prior to filing for divorce. One of the spouses must have been a resident of Nevada for at least 6 weeks prior to filing for divorce, unless the cause for the divorce took place in the county in Nevada where the spouses actually lived at the time of the happening of the cause.
[Nevada Revised Statutes; Chapter 125, Section 020].

Legal Grounds for Divorce in Nevada

1. No-Fault:
1. Incompatibility (or)
2. Living separate and apart without cohabitation for 1 year
[Nevada Revised Statutes; Chapter 125, Section 010].
2. General: Insanity which existed for at least 2 years before filing for the divorce.
[Nevada Revised Statutes; Chapter 125, Section 010].

Legal Separation in Nevada
If a spouse has any of the grounds for divorce or if he or she has been deserted for over 90 days, a suit for separate maintenance of himself or herself and any children may be filed. In addition, the spouses may agree to an immediate separation and make appropriate provisions for spousal and child support. There is no residency requirement specified in the statute.
[Nevada Revised Statutes; Chapter 125, Section 190].

Simplified/Special Divorce Procedures in Nevada
There are 2 provisions for summary divorce in Nevada. First, a summary divorce may be granted if the following conditions are met:

1. Either spouse has been a resident of the state for at least 6 weeks
2. The spouses are incompatible or have lived separate and apart without cohabitation for 1 year
3. There are no minor children (born or adopted) and the wife is not pregnant, or the spouses have signed an agreement specifying the custody and support of the children
4. There is no community or joint property, or the spouses have signed an agreement regarding the division of their property and the assumption of their liabilities, and have signed any deeds, titles, or other evidences of transfer of property
5. Both spouses waive their rights to spousal support (maintenance) or the spouses have signed an agreement specifying the amount of spousal support
6. Both spouses waive:
1. Their rights to notice of entry of the final decree of divorce
2. Their rights to appeal the divorce
3. Their rights to request findings of fact and conclusions of law in the divorce proceeding
4. Their rights to a new trial
7. Both spouses want the court to enter the decree of divorce

A Summary Proceeding for Divorce is begun by filing a joint petition, signed under oath, together with an Affidavit of Corroboration of Residency by a witness.

In addition, a spouse may apply for a divorce by default by affidavit. In such situations, oral testimony will not normally be required. If there is a marital settlement agreement, it should be identified in the affidavit and attached to it when filed. The affidavit should:

1. State that the residency requirements have been met
2. State that all of the information in the petition is correct and true on the personal knowledge of the person signing the affidavit
3. State that the affidavit contains only facts that would be admissible into evidence
4. Give factual support for each allegation in the application
5. Establish that the person signing the affidavit is competent to testify.

Each divorce filed must also contain a Civil Cover sheet, a Verification of Pleadings, a Request for Submission, and an Affidavit of Residency. Finally, there are specific provisions authorizing separation agreements and marital settlement agreements.
[Nevada Revised Statutes; Chapter 123, Sections 020 and 090 and Chapter 125; Sections 181 to 184].

Divorce Mediation or Counseling Requirements
There are no legal provisions in Nevada for divorce mediation.

Divorce Property Distribution
Nevada is a "community property" state. The spouses retain all of their separate property, acquired prior to the marriage or by gift or inheritance. The court will divide all of the spouse's community property and all of the property held jointly by the spouses, including any military retirement benefits. The following factors are considered:

1. The economic circumstances of each spouse at the time the division of property is to become effective
2. How and by whom the property was acquired
3. The merits of each spouse;
4. The burdens imposed upon either spouse for the benefit of the children

Marital fault is not mentioned as a factor. Either spouse's property is also then subject to distribution for alimony or child support. Separate property which 1 spouse contributed to purchase or improve community property may be returned to the contributing spouse.
[Nevada Revised Statutes; Chapter 125, Section 150].

Alimony and Spousal Support
Unless there is a premarital agreement otherwise, either spouse may be awarded alimony, without regard to marital fault. The alimony may be a lump-sum or periodic payments. The award of alimony must be just and equitable and consider:

1. The respective merits of the spouses
2. The condition in which they will be left by the divorce
3. Who acquired the property to be used for alimony
4. If there are burdens imposed upon the property for the benefit of any children

In addition, the court shall consider a spouse's need for alimony for the purpose of obtaining training or education relating to a job, profession, or career. Other factors which the court is to consider are:

1. Whether the spouse who would pay the alimony has obtained greater job skills or education during the marriage
2. Whether the spouse who would receive alimony provided financial support while the other spouse obtained job skills or education

Alimony may be provided for a limited time period for job training, career testing, and education.
[Nevada Revised Statutes; Chapter 125, Section 150].

Spouse's Name After Divorce
For a reasonable cause, the court will restore the wife's former name.
[Nevada Revised Statutes; Chapter 125, Section 130].

Child Custody After Divorce
Joint or sole custody is awarded based on the best interests of the child and upon the following factors:

1. The preference of the child, if the child is of sufficient age and capacity
2. The wishes of the parents (no preference is to be given because of parent's sex)
3. Whether either parent has committed domestic violence
4. Other relevant factors

There is a presumption of joint custody if both parents have signed an agreement for joint custody or both agree to joint custody in open court. There is also a presumption that it is not in the best interests of a child to have custody awarded to a parent who has committed domestic violence.
[Nevada Revised Statutes; Chapter 125, Sections 480 and 490].

Child Support After Divorce
Temporary (during the divorce proceeding) and permanent child support may be granted. There are official Child Support percentages contained in Nevada Revised Statutes; Chapter 125B, Section 070. There are changes to the guidelines which are due to take effect on July 1, 2002. These guidelines are presumed to be correct unless there is a showing that the needs of the child would not be met under the particular circumstances in a case. Factors for deviation from the guideline percentages are:

1. The cost of health insurance
2. The cost of childcare
3. Any special educational needs of the child
4. The age of the child
5. The responsibility of the parents for the support of others
6. The value of services contributed by the parents
7. Any public aid paid to the child
8. Any pregnancy expenses; (9) any visitation travel expenses
9. The amount of time the child spends with each parent
10. The relative income of each parent
11. Any other necessary expenses.
[Nevada Revised Statutes; Chapter 125, Section 230 and Chapter 125B, Section 070, 080, and 090].

Nebraska Divorce Laws

Nebraska Divorce Laws

Residency Requirements for Divorce in Nebraska

1. One of the spouses must have been a resident of Ne-braska for at least 1 year (or)
2. the marriage was performed in Nebraska and 1 of the spouses has lived in Nebraska for the entire marriage

The dissolution of marriage may be filed for in a county where either spouse resides. There is a 60-day waiting period after service of the petition for dissolution of marriage on the respondent before the case can be decided in court.
[Revised Statutes of Nebraska; Chapter 42, Sections 342 and 349].

Legal Grounds for Divorce in Nebraska

1. No Fault Divorce: Irretrievable breakdown of the marriage.
[Revised Statutes of Nebraska; Chapter 42, Section 361].
2. General Divorce: Spouse lacked mental capacity to consent (including temporary incapacity resulting from drug or alcohol use).
[Revised Statutes of Nebraska; Chapter 42, Section 362].

Legal Separation in Nebraska
Irretrievable breakdown of the marriage is the only grounds for a legal separation in Nebraska. There are no residency requirements specified in the statute. If the residency requirements for dissolution of marriage are met after the petition for legal separation has been filed, the spouse filing may change the proceeding to a proceeding for dissolution of marriage.
[Revised Statutes of Nebraska; Chapter 42, Section 350].

Simplified/Special Divorce Procedures in Nebraska
Joint petitions for dissolution of marriage may be filed by both spouses. In such cases, the spouses should be referred to as "Co-Petitioners" on the court documents. In addition, marital settlement agreements are specifically authorized by law.
[Revised Statutes of Nebraska; Chapter 42, Sections 361 and 366].

Divorce Mediation or Counseling Requirements
A dissolution of marriage will not be granted until every reasonable effort for a reconciliation has been made. If it appears to the court that there is some reasonable possibility of reconciliation, dissolution of marriage actions may be transferred to a conciliation court or the spouses may be referred to a qualified marriage counselor, family service agency, or other agency which provides conciliation services. Official conciliation counselors are available in counties of over 250,000 persons.
[Revised Statutes of Nebraska; Chapter 42, Sections 360 and 808].

Divorce Property Distribution
Nebraska is an "equitable distribution" jurisdiction. The spouses retain their separate property acquired prior to the marriage. All of the spouse's marital property, including any gifts and inheritances acquired during the marriage, may be divided, based on a consideration of the following factors:

1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The economic circumstances of each spouse at the time the division of property is to become effective
3. The length of the marriage
4. Any custodial provisions for the children

[Revised Statutes of Nebraska; Chapter 42, Section 365].

Alimony and Spousal Support
Either spouse may be ordered to pay reasonable spousal support, without regard to marital fault, based on a consideration of the following factors:

1. The circumstances of both spouses
2. The duration of the marriage
3. The contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
4. Any interruption of personal careers or education
5. The ability of the supported spouse to engage in gainful employment without interfering with the interests of any minor children in his or her custody

Reasonable security for the payments may be required.
[Revised Statutes of Nebraska; Chapter 42, Section 365].

Spouse's Name After Divorce
Either spouse may include a request to restore his or her former name in the petition for dissolution of marriage.
[Nebraska Case Law].

Child Custody After Divorce
Joint or sole custody of children is determined according to the best interests of the child and based on a consideration of the following factors:

1. The general health, welfare, and social behavior of the child
2. The preference of the child, if the child is of sufficient age and capacity
3. The child's relationship with each parent prior to the filing for dissolution of marriage
4. Any credible evidence of child or spousal abuse

No preference is to be given because of parent's sex. Joint custody may be awarded if both parents agree.
[Revised Statutes of Nebraska; Chapter 42, Section 364].

Child Support After Divorce
The amount of child support is determined based on a consideration of the earning capacity of each parent. There are official Supreme Court child support guidelines which should be available from the clerk of the court.
[Revised Statutes of Nebraska; Chapter 42, Section 364].

Montana Divorce Laws

Montana Divorce Laws

Residency Requirements for Divorce in Montana
One of the spouses must be a resident of Montana for 90 days immediately prior to filing. The dissolution of marriage should be filed for in the county where the petitioner has been a resident for the previous 90 days.
[Montana Code Annotated; Section 25, Title 2-118 and Section 40, Title 4-104].

Legal Grounds for Divorce in Montana

1. No Fault Divorce: Irretrievable breakdown of the marriage shown by:
1. Serious marital discord which adversely affects the attitude of both spouses towards the marriage and no reasonable prospect of reconciliation
2. Living separate and apart for 180 days prior to filing
[Montana Code Annotated; Section 40, Title 4-104].
2. General Divorce: Irretrievable breakdown of the marriage and living separate and apart for 180 days prior to filing are the only grounds for dissolution of marriage in Montana.
[Montana Code Annotated; Section 40, Title 4-104].

Legal Separation in Montana
Irretrievable breakdown of the marriage is the only grounds for legal separation in Montana. One of the spouses must be a resident of Montana for 90 days immediately prior to filing for legal separation.
[Montana Code Annotated; Section 40, Title 4-104].

Simplified/Special Divorce Procedures in Montana
Joint petitions for dissolution of marriage are allowed. In such cases, both spouses should be titled as "Co-Petitioners" on the petition. In addition, separation or settlement agreements are specifically authorized by law.
[Montana Code Annotated; Section 40, Title 4-107].

Divorce Mediation or Counseling Requirements
If there are:

1. minor children
2. 1 spouse denies that the marriage is irretrievably broken
3. 1 or both spouses wish to attempt an amicable settlement of their differences

the court may delay the proceedings for 30 to 60 days and refer the spouses to 1 of the following:

1. A psychiatrist
2. A physician
3. An attorney
4. A social worker
5. A pastor or director of any religious denomination to which the spouses belong
6. Any other person who is competent and qualified in personal counseling

[Montana Code Annotated; Section 40, Titles 3-121 and 3-124].

Divorce Property Distribution
Montana is an "equitable distribution" state. All of the spouse's property, including any held prior to the marriage and any gifts and inheritances, is divided by the court, without regard to marital misconduct, based on consideration of the following factors:

1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The length of the marriage
3. The age and health of the spouses
4. The occupation of the spouses
5. The amount and sources of income of the spouses
6. The vocational skills of the spouses
7. The employability of the spouses
8. The liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income
9. The time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment
10. Any premarital agreement
11. Any prior marriage of each spouse
12. Whether the property award is instead of or in addition to maintenance
13. Any custodial provisions for the children

[Montana Code Annotated; Section 40, Title 4-202].

Alimony and Spousal Support
Either spouse may be awarded maintenance if that spouse can show:

1. An inability to support himself or herself
2. A lack of sufficient property (including his or her share of any marital property) to provide for his or her own needs
3. That the spouse seeking support is the custodian of a child whose condition or circumstances make it appropriate for that spouse not to seek outside employment

The award is made without regard to marital fault, based on the following factors:

1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
2. The standard of living established during the marriage
3. The duration of the marriage
4. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
5. The financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and any child support and such spouse's ability to meet his or her needs independently
6. The age of the spouses
7. The physical and emotional conditions of the spouses

[Montana Code Annotated; Section 40, Title 4-203].

Spouse's Name After Divorce
Upon the wife's request, her former or maiden name will be restored.
[Montana Code Annotated; Section 40, Title 4-108].

Child Custody After Divorce
"Parenting" is now the legal terminology in use in Montana to describe the concept of custody. "Parenting Plans" are now the Montana description of child custody arrangements. Sole or joint parenting is awarded based on the best interests of the child and upon a consideration of the following factors:

1. The preference of the child
2. The wishes of the parents
3. The child's adjustment to his or her home, school, and community
4. The mental and physical health of all individuals involved
5. Any history of child or spouse abuse or threats of abuse
6. Any chemical dependency or abuse by a parent
7. The relationship of the child with parents, siblings, and other significant family members
8. The continuity and stability of the child's care
9. The developmental needs of the child
10. Whether a parent has failed to pay any of the child's birth-related costs
11. Whether the child has frequent and continuing contact with both parents (a consideration of any spousal or child abuse by either parent or anyone residing in a parent's household is considered also)
12. Whether a parent has knowingly failed to support the child
13. Any adverse effects on the child resulting from 1 parent's continuous and annoying efforts to amend parenting plans

The parents must submit a parenting plan to the court; although they may choose to submit a temporary or "interim" parenting plan. A parent's sex is not to be considered.
[Montana Code Annotated; Section 40, Titles 4-104, 4-108, and 4-212].

Child Support After Divorce
Either or both parents may be ordered to pay child support, based on a consideration of the following factors:

1. The financial resources of the child
2. The standard of living the child would have enjoyed if the marriage had not been dissolved
3. The physical and emotional conditions and educational and medical needs of the child
4. The financial resources, needs, and obligations of both the noncustodial and the custodial parent
5. The age of the child
6. The cost of any daycare
7. The parenting plan for the child
8. The needs of any other person that a parent is obligated to support
9. The provision of health and medical insurance for the child

A portion of the parents' property may be set aside in a trust fund for the support of the children. A parent may be ordered to provide health insurance coverage for a child if such coverage is available at a reasonable cost. There are uniform child support guidelines adopted by the Department of Public Health and Human Services that are to be considered by the court. Child support payments may be required to be made through the Department of Health and Human Services.
[Montana Code Annotated; Section 40, Titles 4-204 and 5-209].