Legal Question in Family Law in Montana

Re: Divorce

"Taking" the children is one of the scariest threats during marital strife. Lots of angry people threaten, some try, but many do not. Ultimately it's the court's decision where the children will reside.

You are right to worry about physical altercations at this time. Statistically, this is a woman's most dangerous phase in a marriage -- when she decides to leave. You should plan carefully before you make any decision known. Consider a protective order to prohibit husband from coming within 1500' of you and the children, the house, the school, your workplace, etc. Or have another place to go and have an order for list that home, as well as school and work. The grounds for a protective order require "reasonable apprehension of bodily harm." That means a reasonable person in this situation would have a reasonable concern/fear of being hurt by the person s/he seeks to restrain.

Because he apparently has money and you do not, you can call the Montana Legal Services Association and see if they can take your case. Be aware, though, that "I don't have money" is not sufficient. If you and your husband are employed, it is likely you have too much money to qualify. Courts have the authority to order one party to pay part or all of the other party's legal fees and costs, but attorneys usually cannot absorb the cost of your case until the court orders payment.