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"bifurcation" Divorce/Custody in Montana

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JesseLee730

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My fiance and I need to know if it is possible to have a divorce done while custody is still in dispute. He has been separated from his soon to be ex-wife for almost 4 years. We have been together for 3 1/2 yrs and plan to be married in June of this year. She was willing to split custody w/the 2 in-common children up until she found out we were getting married. The entire wedding is planned and now she is fighting for full custody when the children had been in our home up until a couple months ago. No custody was established so she filed for full custody and the divorce at the same time. Her household is not healthy for the children and we intend to fight this so that the kids can be back where they belong but we also do not want to throw away the thousands that we have spent on this wedding. I looked some things up and saw that bifurcation is one way of getting the divorce while still going through the custody battle. Our attorney seems that he wants us to drag this out for almost a year and we do not have funds for this while she has a pro-bono attorney. Any hope for this in Montana?

Thank you,

Jesse and Bob
 


I AM ALWAYS LIABLE

Senior Member
JesseLee730 said:
My fiance and I need to know if it is possible to have a divorce done while custody is still in dispute. He has been separated from his soon to be ex-wife for almost 4 years. We have been together for 3 1/2 yrs and plan to be married in June of this year. She was willing to split custody w/the 2 in-common children up until she found out we were getting married. The entire wedding is planned and now she is fighting for full custody when the children had been in our home up until a couple months ago. No custody was established so she filed for full custody and the divorce at the same time. Her household is not healthy for the children and we intend to fight this so that the kids can be back where they belong but we also do not want to throw away the thousands that we have spent on this wedding. I looked some things up and saw that bifurcation is one way of getting the divorce while still going through the custody battle. Our attorney seems that he wants us to drag this out for almost a year and we do not have funds for this while she has a pro-bono attorney. Any hope for this in Montana?

Thank you,

Jesse and Bob
My response:

Sit your fiance down, and have him repeat, 100 times, "I am the boss". Once he's convinced himself of that fact, then have him call his attorney to remind and say to the attorney, "I am the boss".

Then, his attorney must, unless there is some rare, legal, and strategic reason not to, bifurcate the divorce from any other causes of action; e.g., from child issues and / or property issues.

IAAL
 

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