Legal Question in Family Law in Montana
Me and my husband have been seperated for about 9 months now. I am looking into starting divorce proceedings. We seperated because I found out he was having an affair for at least a year with a young coworker of his. He has been paying child support willingly and now feels the amount he i paying is too much for his income even though he makes a large amount of money. he has only recently decided that he does not want to pay that amount because he doesnt like my boyfriend. Can I subpeana the girl he had an affair with to court? he has admitted to me that he has a gambeling problem and needs help but wont get it. Can I have it court ordered that he seek therapy? what good are the character witnesses that I would have going to do in a case like this? I have written proof of his affair but only witnesses to his gambeling problem and other problems that I know he has. can I get alimony? i have some written evidence of mental trama he has put me through since we split up like minor stalking and bad mouthing me. what can be done about the mental trauma i have endured over the last year? i am at my witts end and really ready for it to be done and over with. thank you
1 Answer from Attorneys
You can subpoena the girlfriend, but I doubt the judge wants to get this nitty-gritty. What counts is that the marriage is irretrievably broken and no prospect of reconciliation exists.
If you show the court that Dad's gambling negatively impacts his ability to parent, then you can ask the court to order counseling for Dad. Gambling is not always the only problem a person has; alcohol abuse and gambling often go hand in hand. An evaluation might be appropriate in this case.
Whether the court will award maintenance (alimony) depends on too many factors to cover in a web site answer. Montana is a no-fault state; marital misconduct does not automatically mean the other person can receive maintenance. If the misconduct caused you an ongoing problem -- for example, you need ongoing medical care, or you can't maintain your former lifestyle without financial help to cover expenses for in-home help -- maintenance becomes an issue. Otherwise, you could ask for compensation for your medical bills as a result of the trauma. A family law attorney in your district can evaluate your request for maintenance.
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