Divorce Guide

Divorce Guide


Montana No Fault Divorce


According to Montana no-fault divorce laws, one can file a divorce on the basis of “no-fault grounds”, where none of the spouses need to prove that the other spouse had committed a “wrongdoing”. Thus, there is no “blame-game” in these grounds. The spouse simply has to state that the marriage has “irretrievably broken down” and there is no scope of “reconciliation”. No-fault divorce laws in Montana also specify that a period of 180 days of legal separation is necessary for spouses filing under “no-fault” grounds unless the cause of divorce is extremely serious. They must have lived separately for 6 months prior to filing the case of divorce.

If a spouse has filed for divorce on “no-fault” grounds then the other spouse can not stop him/her from getting the divorce. The process of divorce can just be delayed but the law of the land prohibits two incompatible spouses from being together in a marriage.

Property division in MT no-fault divorce

The matter of property division is dealt as “equitable distribution”, where courts divide the property between the spouses fairly and equitably. Both the partners in the marriage are considered to be such equal contributors in making a “home”. Hence, the title or time when the property has been acquired is not considered to be very important. After filing of divorce petition, both the spouses are expected to disclose their assets and liabilities to each other within sixty days of starting of the divorce proceedings. Failure or hiding of any asset or property is considered as a “fraud” and the case may be dragged on for five more years. While deciding division of property, unlike many other states in USA, Montana laws do not consider the “fault” or “wrongdoing” of any spouse.

Handling debts in MO no-fault divorce cases

The issue of settling the debts acquired in the marriage is also considered important. The debts acquired in the marriage are divided among the spouses and both of them are the joint owners of the. In most of no-fault divorce cases, spouses agree to settle the matter of repayment of debts in methodical and written statements with the help of their lawyers. They may settle this mater even seeking mediation. But if the matter remains disputable, the courts intervene. A creditor may sue any of the spouses for payments of debts. The party which is sued is then expected to pay back to the debtor. He/she may ten file a case seeking payments from his/her ex-spouse.

Child custody in MO no-fault divorce

New terminologies related to child custody have been introduced in 1997. The terms “custody”, “visitations” etc have been removed. Instead “parenting plans” and “parental timing” etc have been introduced. The focus is to reduce disputes arising due to confusing terminologies which has caused much confusion. Spouses filing divorce petition are also expected to file a “parenting plan” which they would have formulated after counseling from the child custody mediator”. Montana child custody guidelines specify that the “best interests” of the child must never be compromised and “welfare, security” of the child are most important. Courts would consider “fault” on part of a parent if it is found to be detrimental to the child. All other misconducts of the parent are not considered while awarding child custody.

When will I get divorce in Montana?

It is a known fact that if the divorce is on “no-fault grounds” and is an “uncontested one”, then one would get the divorce in the quickest way. Judicially speaking, it would take twenty days from the day divorce papers are served to the other spouse. For all practical purposes, the divorce procedure may take a month or so. Your lawyer can be tour best guide to inform you of the time that a divorce procedure can take.

One can seek divorce mediation anytime so that the entire process of divorce is more economical and less antagonizing. Divorce mediation also takes lesser time. Now-a-days, the Supreme Court is asking all the divorce cases to proceed through a divorce mediation process before reaching trial.


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