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Montana: Grounds for Divorce in Montana
Each state has unique grounds in which a dissolution of marriage may be granted by the court. When choosing the grounds for your dissolution of marriage, you should always remember that you must have sufficient proof to the court that your marital situation warrants a dissolution of marriage by the grounds you are requesting.
Grounds for Filing: The Petition for Dissolution of Marriage must declare the appropriate Montana grounds upon which the dissolution of marriage is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The dissolution of marriage grounds are as follows:
No-Fault:
(1) The marriage is irretrievably broken:
(2) Living separate and apart for a period of more than 180 days; or
(3) Serious marital discord that adversely affects the attitude of one or both of the parties towards the marriage.
(Montana Code - Section 40 - Titles: 4-104)
Copyright Notice: The above synopsis of Montana grounds for divorce is original material which is owned an copyrighted by Divorce Source, Inc. This material has been adapted from applicable state laws and unauthorized reproduction is prohibited. Violation of this notice will result in immediate legal action.
If you do not fall under any of the above mentioned grounds for divorce or dissolution, you most likely should consider trying to save your marriage. Many spouses find that they do not meet the requirements of a waiting period, which can be very frustrating, but it is these waiting periods that are in place in order to help prevent rash decisions to terminate a marriage.
Related Divorce Resources:
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- Locate a Montana Divorce Professional Near You
- Read More About Montana Divorce Laws
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