Legal Question in Family Law in Montana

You've already been through mediation, so you filed, or you were properly served with, the Petition for Dissolution and the accompanying Summons and Temporary Economic Restraining Order.

Take another look at the TERO. It restrains you from disposing of property, but it also gives you two ways to legally acquire or dispose of property while the TERO is effective. You need the other party's signed agreement to buy or dispose of something that is outside the 'ordinary course of business.' You will file the written agreement with the court.

I do not think moving falls under the TERO, especially if it saves rent. Disposing of unwanted items, however, is covered by the TERO. For example, when you and your partner separated, let's say you took the couch and partner took the love seat. You want to dispose of the couch because it doesn't fit in the new place. If partner says, "Sure, sell it," or "No, I'll take it for now," make it a written agreement with both of your signatures, and file it as a Notice to the Court (or some other title like Agreement to Dispose of Marital Property).

Don't forget to keep a copy and send a copy to the other party.

And don't forget to notify the Clerk of Court so you will continue to receive court documents.