Montana

Divorce Law Guide

The facts about divorce in Montana

Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. The process for getting a divorce and acceptible grounds for divorce vary from state to state.

In Montana, a divorce can be completed on average in a minimum of 110 days, with court fees of $200.00. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in Montana for a minimum of three months.

On this page, you can learn about Montana's grounds for divorce, how the divorce process works, and about other parts of the divorce process, such as Montana alimony calculation, the property division process and more.

The person seeking a divorce must be a resident of the state of Montana for at least ninety days before filing for divorce in their county court. On the off chance that an individual from the military is positioned in Montana, he or she and his or her life partner are viewed as an inhabitant. The divorce ought to be documented in the region in which either life partner dwells on the off chance that they are the two inhabitants and if the offended party is the primary occupant then in the area in which he or his lives.

From the laws, Montana only sees the following items as reason for a divorce: The marriage is irretrievably broken as supported by evidence, the couple has lived separate and apart for a period more than 180 days before filing, and that there is serious marital issue that adversely affects the attitude of one or both of the couple towards the marriage.

Due to the amount of flexibility in the definitions of divorce in Montana, it is recommended that the person or couple was seeking divorce consult a lawyer to make sure that they have the right grounds to file and that all the requirements are met. this will solve having to redo or the case dismissed from something that could have been avoided.

In state of Montana a number of factors are taken into account when ending a marriage.

1. Montana Grounds for Divorce FAQ

Is Montana a no-fault divorce state?

Montana allows no-fault divorces, which means that a divorce is granted without establishing the fault of either spouse for causing the divorce. Grounds for a no-fault divorce in Montana may be "irreconcilable differences", or similar grounds.

The state of Montana is exclusively a no-fault divorce state, which means that the only grounds for divorce offered on divorce applications are considered no-fault.

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Does Montana allow at-fault divorces?

Montana does not support traditional at-fault grounds for divorce, instead offering blanket divorce grounds that do not require either spouse to be proved to be at-fault when filing for divorce.

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Does the state of Montana allow incompatibility as grounds for divorce?

Yes, Montana does allow incompatibility to be used as grounds for having a divorce.

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Can you get a divorce in Montana for living separate and apart?

In divorce law, "living seperate and apart" refers to married spouses who are living separate from each other, not engaging in a traditional marital relationship, and do not intend to repair the marriage.

In Montana, married couples who have been living separate and apart for a minimum of six months may be granted a divorce on these grounds when sued for by either spouse.

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2. Montana Divorce Process FAQ

Does state of Montana allow legal separation?

Legal separation (otherwise known as "judicial separation") is a legal process that enables spouses to be de facto separated while remaining legally married.

In some cases, Montana will grant a judicial separation court order to a married couple who wishes to live separately. This order may settle issues generally handled in a divorce such as property division and alimony. A legal separation may be followed up by a full divorce, or the spouses may later reconcile and end the separation while remaining legally married.

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What's the difference between a divorce and an annulment in Montana?

While a divorce is the process of exiting a legally valid marriage, an annulment is the process of rendering a marriage null and void. An annulment makes it legally as if a marriage never took place to begin with.

Generally, annulment is used to conclude a marriage that should not have been legally recognized in the first place, such as a marriage where one of the spouses was unable to consent (by virtue of being underage, due to mental incapacity, or even intoxication), a marriage that was entered into under duress or via fraudulent means, or when one of the spouses was already legally married.

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How long do I have to live in in the state of Montana to get a divorce?

The state of Montana requires that spouses suing for divorce to have lived in the state for a minimum of three months prior to filing divorce papers. Otherwise, Montana courts are not considered to have jurisdiction over the divorce case.

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What is the filing fee for a divorce in Montana?

The court fees for filing the paperwork for a basic divorce in a Montana court is $200.00. However, the total costs for a divorce can be much higher - especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.

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How long does it take to get a divorce in Montana?

If the process moves along without holdups, the paperwork for a divorce in Montana can be processed in a minimum of 110 days. However, if the spouses are not in agreement about the divorce process, a contested divorce can take significantly longer.

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3. Montana General Divorce FAQ

Can my spouse stop me from getting a divorce?

Even if one spouse is opposed to getting a divorce, they cannot stop their partner from filing for and receiving a divorce in Montana. While filing a non-contested joint petition for divorce speeds up the process, either spouse can file for divorce individually at any time.