Divorce case

[alie]

Hello

Anyone could help? I would be grateful.
thanx in advance.


A woman, 37, a former nurse, married to a man has two children: aged 6 and 11. They have a beautiful home in the suburbs, great kids, two dogs and a cat. They have been married for 15 years and they were happy for about 10. Five years ago a man left his company and started his own business what turned out to be a success but with harm to his family life. He started to neglect his children and his wife. A woman tired of being alone all the time cheered herself up in the arms of their neighbor. When her husband had found out that she is cheating on him, he filed for the divorce.
He wants the kids to stay with them, he wants to keep the house, dogs, and a cat. He claims that his wife should get back to work and pay him alimony and child support for kids.
She agrees to getting a divorce-she wants to start a new life with their neighbour and the kids at the farm in Oregon. She wants a non-fault divorce to be declared since it was't just her fault that the marriage did not survived. At no case will she give the kids back to his father and since she had to give up on her work 11 years ago, she wants the alimony from her husband and a child support for the kids.

here are my questions... If you're gonna help me and answer them, please take into consideration the legal aspect of it (what does Montana law state about that), not moral, emotional etc.

1. What will the court decide: what are the grounds for the divorce? (non-fault divorce?)
2. Who is entitled to alimony?
3. Who can get the child support?

 

[Duranie]

Montana is a no fault state. Nobody can predict whether alimony will be granted or not, but it is unlikely the father will be granted alimony since the wife does not work. However it sounds like the wife is employable so an earnings capability will be put in for the wife when determing child support. Your affair may or may not come into play, it is up to the judge but since you are employable, alimony for more than a couple years is not realistic. I hope you are not fighting for custody of the kids just to get child support.

I suggest you try to work something out with Dad. Are you able to get back on your feet and support the kids? Where do you plan on living? Dad certainly has the right to ask for custody, but you need an attorney. You have been the primary caregiver but if Dad can prove the kids are better off with him and that he can afford to keep the house, that may come into play.

you need an attorney.