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Montana Legal Services Association created this article to help you through a divorce or parenting case in Montana. We recommend that everyone with a family law issue in Montana read this article.
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In Montana, neither spouse is required to accuse the other of any fault or wrongdoing to be eligible for a divorce. Back to U. View a state Montana Laws State vs.
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Grounds are legally acceptable reasons for divorce. You will find more information about divorce, including the risks of taking your children out of state while a divorce is pending, on our general Divorce. This section has basic information about divorce in Montana.
We provide these links for your information only. Fifth, if there is property that you need divided, or if you need financial support from your spouse, you will have to work that out in an out-of-court settlement, or in a series of court hearings.
The judge can grant you a divorce in Montana if you or your spouse has lived in the state or was stationed in the state as a member of the armed services for ninety days before filing the petition for divorce. State Bar of Montana answers some frequently asked questions about divorce, including information on the timeframe of the divorce process.
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Montana Judicial Branch has links to court forms that you may need if you wish to end your marriage. Third, you must file divorce papers and have copies sent to your spouse. We serve and support all survivors, no matter their sex or gender. Yes No. While divorce laws vary by state, here are the basic steps: First, you must meet the residency requirements of the state in which you wish to file.
The following organizations have links to resources that may be helpful: State Law Library of Montana provides a glossary of commonly used legal terms that you might encounter if you choose to get a divorce. Custody may also be decided as part of your divorce. At the next hearing, the judge will decide if your marriage is irretrievably broken.
Can I get alimony? Where can I find additional information about divorce laws in Montana? Neither the U. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided.
The judge may continue your case for days and suggest that you and your spouse go to counseling if you disagree about the breakdown of your marriage. WomensLaw is not just for women.
Alimony also called maintenance is financial support paid by or to your spouse and can be awarded as part of a divorce. Lastly, learn more about the court process on our Preparing for Court — By Yourself .
Montana divorce faq
The judge will decide that your marriage is irretrievably broken if:. What are the grounds for divorce in Montana?
If you and your spouse disagree about the breakdown of your marriage, the judge will have to determine whether in fact the marriage is irretrievably broken by also considering:. Laws current as of.
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Department of Justice. Did you find this information helpful? Fourth, if your spouse disagrees with anything in the divorce papers, he will then have the opportunity to file papers telling his side.
If you and your spouse agree about the breakdown of your marriage, the judge will determine whether your marriage is broken by looking at evidence of the above factors. You should speak to a lawyer in your state about how long you have to wait to see if your spouse answers the divorce papers before you can continue with the divorce. What are the residency requirements for divorce in Montana? What are the basic steps for filing for divorce?
To decide whether or not to award you alimony and for how long alimony will be paid, a judge will consider:.
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The Claimant provided sufficient evidence to satisfy the preponderance of evidence standard that a Montana court would employ when considering an alleged common law marriage.