When a marriage ends in Montana, many people wonder what legal reasons are required to file for divorce. Understanding Montana divorce causes helps you know what to expect when seeking a dissolution of marriage. Montana's approach to divorce grounds differs from many other states, making it easier for couples to end their marriages without proving fault.
Montana Is a No-Fault Divorce State
Montana is strictly a no-fault divorce state. This means you don't need to prove that your spouse did anything wrong to get a divorce. You don't have to show fault or misconduct like adultery, abuse, or abandonment. Montana courts won't consider either spouse's wrongdoing when deciding whether to grant the divorce.
Being a fault divorce state would require proving that your spouse caused the marriage to end through bad behavior. Montana rejected this approach. Instead, Montana allows divorce simply because the marriage has broken down, regardless of why or whose fault it might be.
This no-fault approach makes Montana divorce relatively simple compared to fault-based divorce systems. Your spouse doesn't have to agree to the divorce either. One spouse wanting to end the marriage is enough.
The Single Ground: Irretrievable Breakdown in the Marriage
The only recognized ground for divorce in Montana is that the marriage is irretrievably broken. When you file for divorce in Montana, your petition must state that there has been an irretrievable breakdown in the marriage.
"Irretrievably broken" means there's no reasonable potential for you and your spouse to get back together. The marriage can't be saved or repaired. This is the fundamental cause that Montana laws recognize for granting a dissolution of marriage.
Montana Code Annotated Section 40-4-104 establishes this standard. This single ground simplifies the divorce process because you don't need to sort through various fault-based causes or prove specific misconduct occurred.
Proving Your Marriage Is Irretrievably Broken
While you don't need to prove fault, you do need to show your marriage is irretrievably broken. Montana law provides two ways to demonstrate this:
Living Separate and Apart
The first way to prove irretrievable breakdown is showing you and your spouse have lived separate and apart for more than 180 days before filing for divorce.
Living separate and apart means you've been physically separated - not living in the same home - for at least six months before you file your divorce petition. This physical separation for 180 days before filing serves as clear evidence your marriage has broken down.
If you can show this separation period, the court will generally accept that your marriage is irretrievably broken without requiring additional proof.
Serious Marital Discord
The second way to prove irretrievable breakdown is demonstrating there is serious marital discord that negatively affects your or your spouse's attitude about your marriage.
Marital discord means serious disagreement and conflict between spouses. For discord to qualify as grounds for divorce in Montana, it must be serious enough that it negatively affects the attitude of one or both parties toward continuing the marriage.
This discord that negatively affects your or your spouse's outlook on the marriage shows the relationship has deteriorated beyond repair. At least one spouse must believe the marriage is over with no chance of reconciliation.
The existence of serious marital discord doesn't require proving who caused the problems. It simply shows the marriage has reached a point where it cannot continue.
When Spouses Agree About the Breakdown
If both you and your spouse agree that your marriage is irretrievably broken, the process is straightforward. The judge will determine whether the breakdown occurred by looking at evidence of either the 180-day separation or serious marital discord.
When both spouses acknowledge the marriage has ended, courts rarely question whether it's truly broken. Your mutual agreement that the marriage should end serves as strong evidence of irretrievable breakdown.
In these cases, you can often proceed with an uncontested divorce, making the process quicker and less expensive. Both spouses can work together to divide property, arrange child support, and handle other divorce issues.
When Spouses Disagree About the Breakdown
The process becomes more complicated when spouses disagree about whether the marriage is irretrievably broken. Perhaps one spouse wants the divorce while the other wants to save the marriage.
When you and your spouse disagree about the breakdown of your marriage, the judge must determine whether the marriage is truly irretrievably broken. The judge will consider:
- The circumstances of your divorce situation
- Any potential for reconciliation between you and your spouse
The court examines whether there's any reasonable chance you could resolve your differences and continue the marriage. If one spouse insists the marriage can be saved while the other spouse is determined to divorce, the judge must decide whose view reflects reality.
Court-Ordered Counseling
When spouses disagree about the breakdown, the judge may continue your case for 30 to 60 days and suggest that you and your spouse attend marriage counseling. This gives couples a chance to see if professional help can address the marital discord and save the marriage.
After the counseling period, the court holds another hearing. At this next hearing, the judge decides if your marriage is irretrievably broken based on the counseling results and current circumstances.
If counseling doesn't resolve the issues and one spouse still wants divorce, the court will typically find the marriage irretrievably broken and grant the dissolution of marriage. Montana courts recognize that you can't force someone to stay married against their will.
What Montana Divorce Causes Don't Include
Because Montana is a no-fault divorce state, certain causes that matter in other states don't apply here.
Fault-Based Causes
Montana divorce causes don't include traditional fault grounds like:
- Adultery or infidelity
- Physical or emotional abuse
- Abandonment or desertion
- Substance abuse or addiction
- Financial misconduct
- Imprisonment
- Mental illness
These issues might exist in your marriage, but they don't need to be proven as Montana divorce causes. Your spouse's bad behavior doesn't have to be documented or established in court to get divorced.
Marital Misconduct
Montana law specifically states that courts divide property "without regard to marital misconduct." When judges decide how to divide property or award alimony, they won't consider which spouse was at fault for the marriage ending.
Even if your spouse had an affair, abandoned the family, or engaged in other bad behavior, the court won't punish them by giving you more property or higher alimony. Montana focuses on fair distribution based on financial needs and circumstances, not on who caused the divorce.
This doesn't mean bad behavior has no impact at all. In child custody decisions, behavior that affects parenting ability matters. Domestic violence, substance abuse, or child neglect will influence parenting plans. But for property division and the basic grounds for divorce in Montana, fault doesn't play a role.
The Evolution of No-Fault Divorce Laws
Montana divorce causes have simplified significantly over time. Historically, couples needed concrete, fault-based reasons to end marriages. Courts had power to determine whether someone "deserved" freedom from marriage, even when both spouses wanted divorce.
Before no-fault divorce laws, couples often invented nonexistent grounds, committing perjury just to divorce. Some states required proving adultery, abandonment, or other serious misconduct. This system was difficult, expensive, and sometimes resulted in cooperating couples having more trouble divorcing than non-cooperating ones.
California pioneered no-fault divorce in 1970, and other states gradually followed. By 2010, unilateral no-fault divorce became legal in all 50 states. Montana embraced this approach, recognizing that forcing people to stay married or prove fault serves no useful purpose.
Residency Requirements for Montana Divorce
Before Montana courts can grant your divorce, they must have jurisdiction. To file for divorce in Montana, you or your spouse must have lived in the state for at least 90 days before filing the petition for divorce.
This residency requirement applies regardless of where you were married. Even if you married in another state or country, Montana courts can grant your divorce as long as one spouse meets the 90-day residency requirement.
If you have minor children under 18, additional requirements apply. The children must have resided in Montana for at least six months before you can file for dissolution in the state. This longer requirement for children protects their interests by ensuring Montana is their home state.
Legal Separation vs. Dissolution of Marriage
Montana allows couples to choose between legal separation and dissolution of marriage. Both require the same ground - irretrievable breakdown - but have different effects.
Decree of Legal Separation
A decree of legal separation doesn't end your marriage. You remain legally married but live separately. The court can still divide property and address child support and parenting issues.
You might choose legal separation for religious reasons, to maintain health insurance benefits, or if you're uncertain about divorce. However, if one spouse wants divorce instead of legal separation, they can object and convert the case to a dissolution proceeding.
Decree of Dissolution
A decree of dissolution is the final divorce decree that legally ends your marriage. After the court issues this decree, you're no longer married and can remarry if you choose.
Six months after receiving a decree of legal separation, either party can ask the court to convert it to a decree of dissolution. The other spouse can't object at that point.
What Happens During Montana Divorce
Once you establish grounds for divorce in Montana by showing irretrievable breakdown, the dissolution proceeding addresses several issues:
Property Division
Montana courts divide marital property equitably, meaning fairly rather than necessarily equally. The judge considers factors including the marriage length, each spouse's age, health, income, and needs, and each party's contribution to the marriage.
The court will divide both assets and debts accumulated during marriage. This includes real property like homes and land, personal property like vehicles and furniture, retirement accounts, and marital debts.
Child Support
If you have minor children, the court must establish child support obligations. Both parents have a duty to financially support their children. Montana uses specific guidelines to calculate support amounts based on both parents' incomes and other factors.
Parenting Plans
Divorces involving children require parenting plans addressing custody arrangements, parenting time schedules, and decision-making authority. Montana law emphasizes that both parents should remain involved in children's lives when safe and appropriate.
Spousal Maintenance
Courts may award maintenance (alimony) to one spouse based on factors including financial resources, ability to be self-supporting, length of marriage, and age and health of both parties.
Filing for Divorce in Montana
To file for divorce in Montana, you start by filing a Petition for Dissolution of Marriage with the District Court. This petition must include a statement that the marriage is irretrievably broken.
The petition also outlines what you want regarding property division, child custody, child support, and spousal maintenance. Your spouse receives a copy of the petition and has 21 days to respond.
If your spouse doesn't respond within 21 days, you may proceed with a default dissolution. If they do respond, you'll work through the issues either by agreement or through court hearings.
Resources for Montana Divorce
Several resources help Montana residents understand divorce causes and procedures:
The Montana Judicial Branch website provides court forms and information about dissolution proceedings. Montana Legal Services Association offers guidance for people representing themselves in family law cases. Local family law attorneys can provide personalized advice about your specific situation.
Whether you pursue a contested or uncontested divorce, understanding Montana divorce causes helps you navigate the process more effectively.
Before You File a Divorce in Montana
Montana divorce causes are straightforward: you need to show your marriage is irretrievably broken. You can demonstrate this through either 180 days of separation or serious marital discord that negatively affects your or your spouse's attitude toward the marriage.
Montana's no-fault divorce system means you don't need to prove fault or wrongdoing. You don't need your spouse's permission to divorce. If one person wants to end the marriage and can show it's irretrievably broken, Montana laws allow the dissolution of the marriage to proceed.
The no-fault approach recognizes that forcing people to stay married or requiring proof of misconduct doesn't serve anyone's interests. Instead, Montana divorce laws focus on fairly resolving the practical issues of property division, child support, and moving forward with separate lives.