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A closer look at the divorce process in Montana - II

Last time, we discussed how those who have made the difficult decision to end their marriage can derive some much-needed comfort from the fact that they are not alone, and that the law here in Montana recognizes the need to end a marriage efficiently and effectively.

To that end, today's post will discuss how we are a "no-fault" divorce state and what exactly that means for any spouse seeking to dissolve their marriage.

Montana and no-fault divorce

When a person carefully deliberates as to whether to pursue a divorce, there are undoubtedly a host of questions that will continually run through their mind. For example, many people will invariably ask themselves, "what if my significant other doesn't want to divorce or hasn't done anything to merit it?"

The good news for Montana residents is that it doesn't matter if a significant other doesn't want a divorce or hasn't done anything to justify it.

That's because we are a no-fault state, meaning that spouses are not required to demonstrate grounds for a divorce, such as adultery, cruelty or abandonment, and don't need the approval of their soon-to-be former spouse to proceed.

In fact, all that's required is that the spouse seeking the divorce cite an "irreparable breakdown of the marriage" when filing the petition.

The court, in turn, will determine that a marriage is indeed irretrievably broken if it finds evidence supporting the following:

  • The couple has lived separate and apart for over 180 consecutive days prior to the filing of the divorce petition; or
  • The attitude of one or both of the parties towards the marriage is being adversely affected by the presence of "serious marital discord," and that there is no reasonable likelihood of reconciliation.

Here's hoping the foregoing discussion has helped alleviate any anxiety a person might be experiencing concerning a potential divorce filing.

As always, consider speaking with a skilled legal professional if you would like to learn more about your options concerning divorce.

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