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Separation can give both parties more time and space to consider their goals and desires while the divorce is final. It provides breathing room to prevent further conflict and gives each person time to reflect and heal. Separation can also allow to experience independence while keeping your relationship legally intact.

In a legal separation, the properties and assets of the couple remain under the ownership of both parties unless otherwise stated in the agreement; assets remain martial. Furthermore, both parties maintain the legal rights over the assets, eliminating the possibility of a deceptive scheme.

Essentially, a separation order acts as a freeze on your assets and will prevent either spouse from squandering money or reducing the value of the marital estate before divorce. Couples can make their own separation agreements and submit those to the court for approval.

In Montana, the rule of ?equitable distribution? determines how the court divides assets. While a judge may separate your property equally, the court may award a greater portion to you or to your spouse depending on your family's specific circumstances.

In order to show that there is an irretrievable breakdown, you must tell the court that either (1) you have lived separate and apart for 180 days prior to filing for the dissolution, or (2) there is serious marital discord which adversely affects the attitude of one of the parties (M.C.A. 40-4-104).

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.