According to an estimate, Montana State has a divorce rate of 2.6% per 1,000 of the population which makes it 3rd lowest in the nation. Family court laws in Montana have specified no-fault divorce grounds. According to which it means there is no proof required in divorce court upon which divorce would be granted. Montana family laws are deemed liberal.
In Montana annulment is only granted but under very particular circumstances. In contrast to general perception, marriage duration doesn’t have an impact when annulment is granted. Generally, divorce is the preferred course for the dissolution of marriage not annulment.
If you or your spouse requires any sort of legal assistance pertaining to Montana family laws, you should get a divorce lawyer on your side immediately.
Divorce Grounds in Montana
The state of Montana grants divorce only on no-fault divorce grounds. No fault divorce grounds in Montana are:
No-Fault Divorce Grounds in Montana:
The petitioner for divorce on the basis of no-fault divorce grounds must firmly state the pertinent divorce grounds in Montana on which relationship is to be ended. The only divorce ground in Montana is:
Irretrievable Breakdown of the Marriage:
The court shall only grant divorce if the claiming party supports all the judgments with enough evidence. Divorce under this divorce ground in Montana will be granted, if:
- Both the parties must have lived apart before filing the case for 180 days (3 months).
- There is a serious fight in between the spouses that had badly damaged the spousal bond.
Contact a professional divorce attorney or divorce lawyer for detailed information regarding divorce grounds in Montana.
Montana Divorce Laws
Montana has following divorce laws:
It is important that the spouses should meet the residency requirements as per Montana divorce laws. Residency requirements of Montana require either one of the spouses to be a permanent resident of state before filing the petition for divorce.
Documents Required for Filing Divorce
Under Montana divorce laws, two most important documents are:
- Petition for Dissolution of Marriage
- Decree of Dissolution of Marriage
Apart from these some of the other documents include:
- Marital Settlement Agreement
- Final Declaration of Disclosure of Assets
- Debts, Income and Expenses
- Request for Hearing and Order
- Notice of Entry of Final Decree
Distribution of Property
Property, according to Montana divorce laws, is distributed equitably between the two spouses. The key considerations are
- The duration of marriage
- Reason for divorce
- Skills and expertise of both the parties etc.
Change of Name or Restoration of Name
The female spouse can restore her median name upon a request, after filing a petition for divorce.
If both the parties can not come to an agreement, the court shall consider continuing the matter for further hearing not fewer than 30 or more than 60 days later. The divorce court may suggest mediation and counseling.
The Court awards alimony from case to case, considering several reasons such as:
- The financial status of the partners
- Time needed to find proper employment
- Standard of living during marriage
- Duration of marriage
Child custody is a critical decision the divorce court has to make. The court considers every aspect to protect the child from the emotional trauma. If both the parties are unable to mediate on this issue than the court makes its own decision considering:
- Whom the child wishes to stay with
- The wish of the child’s parents
- Their financial status
- Mental wellbeing
- Physical health of the parents
Montana divorce laws support guidelines of Percentage of Income formula for determining child support amount. It calculates the support obligation as a percentage of the income of the non-custodial parent who is obligated to support the child.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information of your state.
Montana Annulment Laws
Fraud is a legal annulment ground in Montana. If you have been cheated into a marriage or your spouse has misrepresented him or herself, you can obtain annulment under Montana annulment laws.
Mental illness is a state in which a person looses all his senses. If your spouse is insane and the insanity is affecting your married life you can file for Montanan annulment.
Bigamy and Polygamy
Getting married to two persons at the same time without giving divorce to the first one is known as bigamy. Polygamy is, when a person gets into marital contract with more then two spouses. Bigamy and polygamy both are annulment grounds according to Montana annulment laws.
Incest is, when a person enters into marriage with a close relative. Montana annulment laws restrict marriages between, mother and son, father and daughter, uncle and niece, and brother and sister.
If physical disability in your spouse is affecting your married life, you can obtain annulment under Montana annulment laws.
Montana Divorce Laws-Frequently Asked Questions
- 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 at least 180 days to get a Montana divorce.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Is Montana a no-fault state?
Yes, Montana is a no-fault state.