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A closer look at the divorce process in Montana

When a couple makes the momentous decision to tie the knot, it's safe to say that the possibility of them someday parting ways is likely the very last thing on their minds. In fact, most engaged couples are more than likely aware of the ubiquitous -- and infamous -- statistic that 50 percent of marriages end in divorce, but remain undeterred, believing that it will never happen to them.

While this often proves to be the case, the unfortunate reality is that sometimes spouses reach the conclusion that they simply can't save the marriage despite their efforts.

Even though this realization is understandably difficult, it's important for them to understand that they are by no means the first person to ever find themselves in this situation and, more significantly, that the law here in Montana recognizes the need to end a marriage efficiently and effectively.

Residency requirements

At the outset, anyone looking to secure a divorce in Montana must be aware that there is a basic residency requirement that he or she must be able to satisfy in order for the court to be able to hear their case.

Specifically, at least one of the parties to the divorce must have been a resident of the state or stationed in the state while serving in the armed forces for at least 90 days prior to the filing for divorce.

In addition, a divorcing couple must also be legally married (common law marriage is included), and, in the event they have children born of the marriage, they must typically have lived in Montana for at least six months.  

We'll continue this discussion in our next post, examining the concept of how Montana is a no-fault divorce state and what that means for both spouses.

If you have questions about divorce or a divorce-related matter, consider speaking with a skilled legal professional who can provide answers and pursue solutions.   

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