Areas of Practice
Family Law
We provide legal advice and representation on issues such as orders of protection, divorce, parenting plans, child support, adoptions, and more. Whether advocating for you in court or helping you complete the legal documents to file, we will provide you with competent answers to your questions and make the process simpler.
Divorce
A divorce is an emotional and stressful time in a person's life, but it does not have to be. The forms provided are often complex, time consuming, and overwhelming. That’s where we come in. Let us help you understand your rights, responsibilities and the legal jargon.
Child Support
The process of establishing, enforcing or modifying a child support order is hard to understand and complex. Parents should pay child support based on the needs of the child and the parent's financial ability to do so. Let us help you understand the guidelines and calculations.
Child Custody
Filing for a Parenting Plan or amending an existing Plan is often a contentious process. Montana law focus' on the best interests standard of the child. Let us help you prepare the documents you need and/or advocate for you throughout your case.
Adoptions
Adoption is when the a child's birth parents' (or adoptive parents) rights are terminated and substituted for the child’s adoptive parent(s). There are several types of adoption. The most common is stepparent adoption and occurs when a stepparent adopts his or her spouse’s child. Adult adoption occurs when the proposed adoptee is no longer a minor. Agency adoption occurs when the child’s birth parent relinquishes the child to an adoption agency who assists in placing the child with an adoptive parent.
Simple Estate Planning
Do you know who will get your assets if you die without a Will in Montana? Estate planning is a complicated and personal process. It should not be delayed. Do you need a Power of Attorney, Beneficiary Deed, Declaration of Homestead Exemption, or Living Will? Contact us to help you prepare the documents you need for your end of life. We make is simple to ensure that your family will be cared for.
Criminal and Juvenile Defense
Any involvement in the criminal justice system can be confusing and stressful. Our office will represent you diligently to negotiate an outcome that meets your expectations. We represent clients accused of misdemeanor and felony crimes. We will review the State's case to ensure that law enforcement practices and procedures did not violate your Constitutional rights. We believe that you should not have to negotiate your civil rights and will advocate for you to trial if necessary. We have attorneys licensed to practice in Montana state and Federal District Court.
Expungement of misdemeanor records
"The purpose of justice is rehabilitation." Sen. Nels Swandal at the House Judiciary Hearing.
The Montana 2017 Legislature passed HB 168 allowing a person convicted of certain misdemeanor offense(s) in Montana to petition the court for an order expunging all records that were created in their criminal proceedings.
HB 168 was designed to help Montanans to "move on with [their lives] and never re-offend again." (Sen. Nels Swandal).
Expungement of criminal misdemeanor(s) is limited to one time during a person's lifetime. Let us help you get the process done correctly.
Real Estate
Real Estate law is a little bit like the Wild West. There’s a lot of potential, but the rules can be convoluted and vague. Protecting your investment involves understanding the terms of your Buy-Sell agreement, solving issues that arise before Closing, and understanding your Closing documents. A successful sale requires creativity and flexibility. We represent Sellers and Buyers in residential real estate purchase and sale contracts.
The purchase of your home is the single, largest investment for most Montanans. There are many complex aspects of a residential real estate transaction. Save money by not paying the high costs associated with real estate agent commissions and get superior advise and representation protect your future interests in your investment. We protect your present and future interests from the negotiation of terms of your buy-sell agreement through Closing.
Landlord-Tenant
Everyone has rented a house or an apartment as some point in their lives. Both landlords and tenants can prevent misunderstandings and legal expenses by knowing their rights and responsibilities under the Montana Residential Landlord Tenant Act.
We can help landlords and property managers by providing well-drafted rental agreements in order to avoid future disagreements. When a dispute arises with a tenant, we can advise you of your rights and remedies.
Before signing your rental agreement, know the rights and the responsibilities of your landlord. We can help you assert your rights as a residential tenant, understand when a security deposit has to be returned, and what portions can be withheld for damages.
Know your rights and duties under Montana law. We represent landlords, property managers, and tenants.
NFA Gun Trusts
Gun trusts are instruments created to assist in the possession and use of certain firearms and accessories. The creation of a gun trust allows all named trustees of the gun trust to use and possess any firearms or accessories held within the trust, typically NFA or Title II firearms and accessories.
Purchasing an NFA or Title II firearm or accessory through a gun trust enables prospective purchasers to do so without paying the transfer tax, filing an ATF transfer form, receiving permission from the local chief law enforcement officer, and getting fingerprinted and photographed.
Currently owned firearms can be added to a gun trust and trustees and beneficiaries may be added or altered at any time after creation of the trust.
Gun trusts also allow for estate planning in inheriting firearms. Gun trusts avoid probate and prevent the executor of your estate from potentially making an illegal transfer of a firearm violating federal law. When firearms are held in trust, the trustee remains in charge of the firearms, rather than your executor. A gun trust may be created utilizing numerous trustees and be intended to span several generations.