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Montana Divorce Laws-Frequently Asked Questions

 
1. What is the minimum separation period in Montana for filing a divorce?
According to Montana divorce laws, both the spouses should reside separate and apart for atleast 180 days to get a Montana divorce.

2. What will happen if only one spouse wants a divorce?
Each spouse has the right to claim a Montana divorce, there is no way to stop anyone from filing a divorce in the court.
 
3. Is there any diffence between legal separation and divorce according to Montana divorce laws?
According to Montana divorce laws, legal separation is one in which both the spouses are living separately but they remain legally married, and on the decree of the court are fulfill each others' rights and duties. Divorce stands for dissolution of marriage and the couple is no longer man and wife. If the separation is for continous period of 6 months, then both the spouses can obtain divorce.
 
4. Can one divorce lawyer represent both the spouses in a Montana divorce case?
According to the Montana divorce laws, no divorce lawyer can represent two spouses at the same time.
 
5. How much a divorce in Montana costs?
It is advised to ask your divorce lawyer about the expected expenses. A divorce lawyer charges a fee according to his/her skills and experience, so different divorce lawyers charge different fees. The Montana divorce court charges filing and appearance fees which are approx. $175 and $65 respectively.
 
6. What is meant by the term maintenance in Montana?
According to the Montana divorce laws, manintance is the financial assistance rendered liable to one spouse by another popularly known as alimony.
 
7. What are the dictates of Montana divorce laws regarding parenting issue?
Parenting issue means child custody issue in Montana. If after divorce both the spouses are unable to settle child custody issue, then Montana divorce court will decide this issue. Child's interest and attitude of both of the parents towards the child will be major deciding factors.
 
8. Should both of us be residents of Montana to file a divorce case in the state?
According to Montana divorce laws, one of the spouses must be a resident of the state to file a divorce case in Montana.
 
9. How long a Montana divorce case takes to settle?
You will have to wait a minimum of 20 days to get a divorce, after filing a divorce case in Montana divorce court.
 
10. I don't have enough resources therfore can not afford a divorce lawyer, can I represent myself in the court?
Of course you can. If you cannot afford a divorce lawyer you can definitely represent yourself in the court.
 
11. Is Montana a no-fault state?
Yes, Montana is a no-fault state.
 
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