Legal Question in Family Law in Montana
Contested Divorce
My brother in law wants to get a divorce, there is a restraining order in process and his wife refuses to give him any assets, and is treatening to sell off his property. What could be done to keep her from doing this, he hasn't the money for a lawyer and no assets to sell to help. Thank you for whatever info you can give.
1 Answer from Attorneys
Re: Contested Divorce
In general, either party to an order of protection can ask the court for an order allowing a civil assist or civil standby, where an officer accompanies you to the house so you can pick up your personal belongings, tools of your trade, etc. The officer won't resolve any disputes if the other person says you can't take a piece of property, the officer just maintains the peace.
To prevent his wife from selling off assets, your brother-in-law can file a �petition for dissolution of marriage� and have the clerk of the court issue a �summons and temporary restraining order regarding property.� This prevents both parties from selling, hiding, damaging, trading, destroying, etc., any marital asset without the other party's permission or an order from the court.
I don't know what city your brother-in-law is near. Suggest that he call the State Bar of Montana Lawyer Referral Service (in the phone book) for some names of attorneys who might be able to take his case.