Montana Divorce FAQ

Have questions about divorce in Montana? Find answers to the most common questions below and contact an experienced family law attorney at the Montana Divorce Law Firm to schedule a free case evaluation.

Should I Hire a Divorce Attorney?

Hiring an attorney is often a crucial step in a divorce case. Our attorneys assist you by evaluating your case and determining what issues need resolution to help your marriage reach its conclusion. We will also protect your rights and ensure any division of assets or debts, child custody arrangements, and settlements are fair. While avoiding trial is preferable, if your case needs litigation in the courtroom, our legal team is with you every step of the way.

What Type of Divorce Can I File in the State of Montana?

Generally, Montana divorces do not allow an at-fault spouse to be named since it is a no-fault divorce state. Instead, dissolutions can occur without requiring a trial to prove the other party’s responsibility for the marriage failure.

Is Incompatibility a Grounds for Divorce in Montana?

Incompatibility is a recognized ground for divorce in Montana when the differences between you and your spouse are untenable. This is a common reason listed for a no-fault divorce.

My Spouse and I Live Separate and Apart, Can We Divorce?

Under state law, if you and your spouse have lived separately and not engaged in a marital relationship for at least six months, you may be able to sue for divorce on these grounds.

Is Legal Separation Allowed in Montana?

Also known as judicial separation, legal separation makes it possible to live separate lives while remaining married under the law. There are instances where a Montana court may grant this action. Some couples choose this option to settle support or alimony issues that arise from their separation. Additionally, couples go this route if they plan to work through their issues at a later time and repair the marriage relationship.

What is Annulment and Does It Differ from Divorce in Montana?

Annulment renders a marriage void as if it never took place. Normally, this approach to ending a marriage is necessary because the union should not have been initially legal. This may be an option if a spouse could not give consent, entered into the union under duress, got married under fraudulent pretenses, or one spouse was still legally married.

Is There a Residency Requirement for Divorce in Montana?

Spouses suing for divorce in the state of Montana must be a resident for at least three months before filing their action. This is necessary so that the courts have jurisdiction over your case.

How Much Does Divorce Cost in Montana?

Currently, filing divorce paperwork in Montana costs $200. However, this does not account for any additional filing fees, service of documents, and attorney fees that might accrue. Contested divorces, especially those involving significant assets or child custody, can easily balloon legal expenses without the assistance of an experienced lawyer.

How Long Does the Divorce Process Last?

The answer to this question depends solely on you and your ex-spouse. If you both agree to nearly everything, the process could wrap up in a matter of a few months. Breakdowns in communication, emotionally charged decision-making, and other factors can drag out this process. To avoid a drawn-out legal battle, speak with the attorneys of the Montana Divorce Law Firm.

Could My Ex-Spouse Prevent Us From Divorcing?

Montana does not allow an opposing spouse to prevent a divorce from concluding. Individually filing for divorce is an option for spouses whose partners will not agree to dissolve the marriage. Contested divorces like this often require the expertise of a skilled mediator or attorney who can assess if there is any way possible to convince the other spouse to move forward.

What is Mediation, and Can It Help My Montana Divorce Case?

While mediation is strictly voluntary and not required by Montana family courts, it can prove an invaluable tool in concluding a contested divorce. This process involves a neutral third party who will communicate between the two spouses to resolve any disputes delaying the divorce.

There are many advantages to using mediation, including:

• Saves money

• Can take place at any time throughout the divorce process

• Higher chance of settling contested issues

• Avoids forcing a judge to decide (which may not go in your favor)

Are There Any Financing Programs Available to Make Divorce Affordable?

Montana Divorce Law Firm has found a better way for our clients to afford their attorney fees and access the representation they need. We have made this possible by partnering with iQualify – a financial service that offers tailor-fitted financing in a payment plan format. Get qualified without a down payment requirement and secure the legal counsel you need while making the expense of your family law issue more manageable.

Have Further Questions About the Montana Divorce Process?

Deciding to file for a divorce will be one of the biggest decisions of your life, and you should not enter this process blindly. While trying to find answers to your questions online and through your friends may have given you a general idea of what to expect, nothing addresses your concerns better than sitting down with an experienced Montana divorce attorney.

The Montana Divorce Law Firm has represented numerous divorce and child custody cases throughout this great state and truly understand how challenging this period is for our clients. We also know that without representation, a contested divorce can financially ruin divorcing spouses. Our team will work with you to prevent this from happening.

Our firm is led by Attorney Joseph Frick, a recognized trial attorney and a proud member of The National Trial Lawyers. His years of practicing family law provide you with the necessary guidance and skill you need to better position your interests and needs with the court when seeking a divorce.

The Montana Divorce Law Firm is available to you anytime by contacting us online or calling us at 406-206-3456  and discuss your family law situation.