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What you need to know about divorce in Montana

On Behalf of | Oct 25, 2019 | Family Law |

State law dictates many things about the divorce process. This means that getting a divorce in Montana is likely to be subject to slightly different laws than getting in a divorce in Texas or California, for example.

Therefore, you should make sure that you have a good understanding of the laws in the state that you are divorcing in. The following are some of the key things that you should know if you are filing for a divorce in Montana.

Montana is a no-fault divorce state

Some states require that one spouse must be blamed for the breakdown of the marriage. However, Montana is a no-fault divorce state, meaning that you can cite the irretrievable breakdown of the marriage as a reason for divorce.

There is a filing fee for divorce

You must pay a fee to the court when filing the petition. The exact amount that you will need to pay will depend on which court you are filing with.

There are residency requirements

At least one of the divorcing spouses must have been living in Montana for 90 days before filing for divorce.

Marital assets are not automatically divided equally

Montana is an equitable distribution state when it comes to asset division. This means that marital assets are divided by the courts in a way that seems fair to both parties rather than being automatically split equally.

If you are contemplating a dissolution of marriage in Montana, you should make sure that you take early action so that you have full control over the process. By being proactive, you will have a better chance of gaining an advantageous divorce settlement.