FAMILY LAW SERVICES

Bozeman divorce attorney Emma S. Buescher provides legal services in contested and uncontested divorce, spousal support, alimony, parenting plans, and child support for couples across Montana.

The law office of Emma S. Buescher was founded on professionalism and integrity in order to better serve clients. Emma brings extensive experience to every case and customizes her work to support your individual needs and concerns.


DIVORCE - LEGAL SERVICES

Navigating divorce is oftentimes legally complex and emotionally draining. Emma’s experience as a Bozeman divorce lawyer ensures careful identification, evaluation, and consideration at every stage of your divorce case. She recognizes the intricacies of Montana divorce laws and is a high asset divorce attorney who has your best financial interests at heart.

Emma’s divorce law experience includes the following:

  • Divorce Litigation

  • Legal Separation

  • Mediation

  • Domestic Partnership Agreements

  • Marital Property Settlement Agreements

  • Spousal Support or Alimony


UNCONTESTED DIVORCE

All Montana divorce cases require paperwork to be filed in front of a judge, even in cases where the divorce is uncontested. If you and your partner are in agreement as to a parenting plan and how to divide your property, having an experienced attorney explain the process and prepare and file all your paperwork uncomplicates a difficult process.

Depending on what property you own, Emma can facilitate getting a divorce decree without having to appear in front of the judge. Her experience as a divorce lawyer in Montana ensures that all paperwork is filed properly and that the process goes as smoothly as possible.


CONTESTED DIVORCE

Many Montana divorce clients want to keep their proceedings as amicable as possible, but Emma also understands that is not part of everyone’s process. When you and your partner are not in agreement on how to construct a parenting plan or divide property, Emma is a decisive advisor who will guide you through the process from preparing, filing, and serving paperwork through mediation to litigation with her astute knowledge of divorce proceedings.

Mediation is the legal process of coming to an agreement on how to settle divorce proceedings. While most Montana divorce cases can be resolved before or during mediation, that is not the case for every situation. In cases where mediation is unsuccessful, Emma provides continued legal guidance through the more traditional route of litigation.

Her role as your attorney in trial cases includes facilitating the discovery, preparing witnesses and exhibits, and championing for you in court.


SPOUSAL SUPPORT, MAINTENANCE, AND ALIMONY

When one spouse in a divorce needs help with living expenses, maintaining the standard of living that was established during the marriage, or meeting other financial needs, a maintenance agreement can be reached by the parties or ordered by a judge.

Spousal support is determined under the requirements of Montana divorce law, and proceedings utilize a specific calculation involving expenses and income to establish how much is paid. Emma’s proven experience in Montana family law cases assures you a fair outcome.


PARENTING PLANS

Known in Montana as a parenting plan determination, child custody cases are determined on the specific needs of each family. Mediation allows the parties to see the particular needs of their family and their family’s schedule to determine what works best for their children.

If the parties can’t come to an agreement during mediation, the judge makes the decision based on several factors, including each parent’s perspective, where the child is in school, activities the child participates in, where each parent lives, and how holidays are typically spent. 

Child support falls under the umbrella of a Montana parenting plan. Montana law requires a child support calculation in every case, and the amount paid can vary up or down from that calculation as established in mediation or litigation. The state’s specific calculation is based on the income of the parties, number of parenting days, medical expenses that aren’t covered by insurance, travel for parenting time, and a number of other factors. As an accomplished family law attorney, Emma will persist in achieving your goals in your given situation. 


CHILD CUSTODY MODIFICATION AND ENFORCEMENT

If you have a parenting plan that is no longer working for the family due to a move, change in holiday schedules, or other factors, the parenting plan needs to be revisited and amended in writing and ordered by the court.

If one party doesn’t follow the parenting plan or violates it, Emma will pursue enforcement of the parenting plan by petitioning the court for contempt. In terms of Montana parenting plan enforcement, violations can include not paying required child support or medical bills per the parenting plan.