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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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I am doing a divorce in MT and he has a lawyer and I cannot

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I am doing a divorce in MT and he has a lawyer and I cannot afford one... I have to do a findings of Fact and Conclusion of Law and I have no idea where to start
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Essentially, for Findings and Facts and Conclusions of Law, all you do is give the judge an overview of your case, then write out numbered statements you want the judge to adopt. The Findings of Fact using go in one section, with the Conclusions of law in a second. You can actually copy and paste the text of each statute into a separate conclusion, with a link to the statute. So, for example, findings of fact could go something like this:

1. The Husband and the Wife separated on DATE.

2. There are 5 minor children of the marriage.

3. The Husband works as a doctor and makes $X per year.

4. The Wife works as a lawyer and makes $Y per year.

5. The marital standard of living was middle-class. The couple ate out infrequently, etc. etc.

6. The Husband earns enough to meet his needs and does not need alimony.

The exact facts are always going to depend on your case, but you're just laying out the things you want the judge to rely on when making a decision. Here is a sample. It's not from a divorce case, but it should give you an idea of how to format things. If you get the continuance, you can also visit a law library to look at samples from divorces with similar issues to yours.

https://dojmt.gov/wp-content/uploads/083-Findings-of-Fact-Conclusions-of-Law-and-Recommended-Action.pdf

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