Divorce

Grounds are legally acceptable reasons for divorce. In Montana, neither spouse is required to accuse the other of any fault or wrongdoing to be eligible for a divorce. To file for divorce in Montana, you or your spouse can file a petition stating that your marriage is “irretrievably broken,” which means there is no reasonable potential for getting back together. 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.¹

If you and your spouse agree about the breakdown of your marriage, the judge will determine whether your marriage is broken by looking at evidence of the above factors.²

If you and your spouse disagree about the breakdown of your marriage, the judge will have to determine whether in fact the marriage is irretrievably broken by also considering:

• the circumstances of your divorce; and
• any potential for reconciliation.³

The judge may continue your case for 30-60 days and suggest that you and your spouse go to counseling if you disagree about the breakdown of your marriage. At the next hearing, the judge will decide if your marriage is irretrievably broken.³

¹ MT ST § 40-4-104(1)(b)
² MT ST § 40-4-107(1)
³ MT ST § 40-4-107(2)