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When it comes to property distribution law, Montana is an equitable distribution state, which means that instead of dividing all marital property equally down the middle (50-50), the marital property is divided in a fair and impartial manner.

Six months after a Judge decrees a Legal Separation, either party may ask the Court to change the Decree of Separation into a Final Decree of Dissolution. A Decree of Dissolution is what the Judge orders to end the marriage. The other spouse can't object to the decree being turned into a Dissolution.

To begin your Montana uncontested divorce, you and your spouse can file a Joint Petition for Dissolution (with minor children or without minor children) in the correct district court. Along with the joint petition, you'll file: a copy or your written marital settlement agreement. a Final Proposed Property Distribution.

Montana is strictly a no-fault divorce state so that means you must file a petition with the court after you have been a resident of the state of Montana for at least 90 days.

Getting an Annulment in Montana When a marriage is invalid, a spouse (or a representative for a spouse in some cases) may file papers for an annulment in the Montana district court where one of the spouses lives. No case for annulment can be brought after the death of one of the spouses.

Montana has a 21-day waiting period before a judge may issue a final divorce decree. The waiting period starts on the date when: the "respondent" (non-filing) spouse received the divorce papers, or. both spouses filed a joint dissolution petition (which is allowed in uncontested divorces).