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Divorce provisions in Montana

The process of divorce is a serious issue, and it's not a decision that you can or should take lightly. To prevent people from making the rash decision to go through a divorce without thinking things through, you must give a good reason why divorce is necessary.

In many states, you can choose to blame your spouse for the breakdown of the marriage when filing for divorce. For example, you may want to argue that your spouse was unfaithful or was abusive toward you. A spouse being blamed for the breakdown of a marriage has the right to defend themselves. However, some states a considered "no-fault" states, which means that it's possible to file for divorce without blaming your spouse. Montana is one of these states.

What is no-fault divorce?

In a no-fault divorce, a divorcing spouse is not compelled to give specific reasons for the breakdown of the marriage or attribute blame. Instead, they can cite "irreconcilable differences" or "irreparable breakdown of the marriage" when filing for divorce. This can help spouses move through the divorce process with ease and help them avoid feelings of resentment.

Specific divorce provisions

There are additional provisions that Montana courts must determine before granting a divorce. The couple must have lived separate and apart for more than 180 days, and there should be no reasonable prospect of the spouses' reconciliation.

If you are considering filing for a divorce in Montana, you should make sure that you have a good understanding of the specific laws that apply in the state. By planning early, you will have the best possible chance of gaining a favorable divorce settlement.

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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.