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Understanding divorce laws in Montana

Every state varies when it comes to how divorces are processed. This is why you should look into the laws that apply specifically to the state that you are planning to divorce in before taking action to file.

The following is an overview of the divorce laws that are in place in Montana. If you are considering filing for divorce in Montana, you will first need to ensure that you are eligible to file.

Am I eligible to file for divorce in Montana?

It's only possible to file for divorce in Montana if at least one spouse has been residing in the state for a minimum of 90 days.

What are the grounds for filing for divorce in Montana?

You'll be able to file for divorce in Montana if you can show that an irretrievable breakdown of the marriage has occurred. This could occur through toxic behavior, infidelity or simply becoming estranged. Other no-fault grounds for divorce in Montana include a separation of 180 day or serious marital disorder.

Are there any fault grounds for divorce?

Montana is a no-fault divorce state. This means that you will not need to prove that your divorcing spouse was to blame for the breakdown of the marriage. This may help you avoid hostility in the divorce process and to divorce amicably.

Is there a filing fee?

Yes - you will need to pay a fee when you file the petition to divorce. The amount you will need to pay will differ depending on your local court.

If you are contemplating filing for divorce in Montana, you should make sure that you are equipped with all the information you need. An attorney can provide you with guidance on property division, child custody and more.

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Cunningham Law Office is a family law-focused firm in Missoula, Montana. We serve Missoula, Ravalli County, and the surrounding area.