Archive for October, 2010

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Can my spouse divorce me if I do not want the divorce?

The fact that you do not want this divorce will not prevent your spouse from divorcing you. The Court only needs to conclude that you and your spouse have irreconcilable differences, and you have no reasonable prospect of reconciliation. That is a fairly easy standard to meet in Montana. If one party makes the claim […]

Divorce
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When can I file for an Order of Protection?

You can file for an Order of Protection if you are in “reasonable apprehension of bodily harm” from your partner or family member.  You can also file for an order of protection if you are the victim of one of the following offenses by a partner or family member: assault or aggravated assault intimidation partner […]

Restraining Orders
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Child Support Modification

The question that I often answer is how long do I have to wait to modify my child support? That often depends. Sometimes child support can be modified after so much time has passed, or sometimes child support can be modified sooner, and for other reasons.   Before child support is modified, you need to […]

Child Support
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Income Used for Calculating Child Support

Clients often ask the question about whether the income used for calculating child support is just limited to taxable income.  The answer is quick and easy, “NO!” Income for child support calculations is not just limited taxable or Adjusted Gross Income that is reported to the IRS. For the purposes of determining child support, actual […]

Child Support
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Facebook — The New “Exhibit A” in Divorce

Who isn’t using Facebook, Twitter, or some other form of social networking these days?  When I review an intake form, I cannot help myself from looking at the box which shows my client has a MySpace, Match.com, Twitter, Facebook, or some other online account that isn’t so innocent.   Then, I experience “flashbacks,” “PTSD” or something […]

Divorce, Facebook and Social Networking