Residency Requirements:
Either spouse must have been a resident of Montana for 90 days before
filing, in order to file for divorce in Montana.
Legal Separation:
Irretrievable breakdown of the marriage is the only ground for legal
separation. One of the spouses must be a resident of Montana of 90 days
immediately prior to filing for legal separation.
General Divorce Procedure:
Both spouses may file jointly. If both spouses filed jointly, each spouse
should be titled as “co-petitioner”. Settlement agreements are authorized
by law.
Mediation or Counseling:
The court may require the parents to participate in mediation to resolve
disputes that arise with regard to custody, if there are minor children,
or if one spouse denies that the marriage is irretrievably broken.
This may delay the proceedings for 30 to 60 days, during which time
the spouses will attend counseling.
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Grounds for Montana Divorce:
No-fault:
Montana recognizes only two no-fault grounds for divorce, irretrievable
breakdown of the marriage and serious marital discord, and living separate
and apart for 180 days prior to filing.
Fault-based:
Fault-based grounds include:
1) irretrievable breakdown of the marriage;
2) living separate and apart for 180 days prior
to filing.
Where to file for divorce:
A petition for divorce is filed in the county where the petitioner
has been a resident for at least 90 days.
Title of Divorce action:
Petition for Dissolution of Marriage.
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