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Montana doesn't require couples to live separate and apart before they may file for divorce or get their final dissolution decree (unless they are using separation as proof that their marriage is broken, as discussed above). But many spouses do decide to separate.

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.

Montana is an equitable distribution state. This means the marital property will be divided fairly and equitably but it does not mean that property will be split on a 50/50 basis. Courts must first determine which property is separate and which property is a marital asset.

The judge will decide that your marriage is irretrievably broken if: you and your spouse have lived separate and apart for more than 180 days before filing for divorce; or. there is serious marital disagreement (discord) that negatively affects your or your spouse's attitude about your marriage.

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.

How does Montana divide our assets? 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.