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Montana is an equitable distribution state, meaning your community and separate assets will be divided as fairly as possible based on various factors such as each spouse's financial status, their contributions during the marriage and their needs for the future.

Prior to the age of 18, the court and the state does not consider minors to have the capability of making a full determination of where they want to establish their residency. Therefore, the age of majority is the only age in which they can make such a decision.

In Montana, the court system uses parenting plans to determine the custody of minor children, including when and where each parent will be with and responsible for each child. It also includes who is responsible for decision-making and provides for the financial care of the child.

There's no set age in Montana at which a judge must give consideration to a child's preferences. Rather, the judge will look at the unique circumstances of each case. As a general rule, the older a child is, the better the chance of a judge taking the child's wishes into account.

In Montana, sole physical custody is given to the parent with whom the children spend the most time with. Montana shared physical custody: Each parent has significant periods of physical custody, which allows them frequent and continuing contact with their children.

You must ask the Court for a Legal Separation. Like a Dissolution of Marriage, or a divorce, your spouse does not have to agree to the Legal Separation. But, if one spouse objects and wants a Dissolution instead, they may change the Legal Separation into a Dissolution case.