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Montana Grounds for Divorce

The Petition for Dissolution of Marriage is the initial document filed with the Montana court. It is in the document that the filing spouse will request the court to terminate the marriage under certain specified grounds.

The court shall grant a dissolution of marriage according to any one of the following grounds:

No-Fault Based Grounds:
(1) The marriage is irretrievably broken; (2) Living separate and apart for a period of at least 180 days prior to filing; (3) There is serious marital discord that adversely affects the attitude of one or both of the parties towards the marital relationship. (Montana Code - Section 40 - Titles: 4-104)

Every dissolution of marriage case that is filed in the state of Montana must declare the grounds in which the dissolution of marriage is to be granted. The grounds for dissolution of marriage must be substantiated with evidence or testimony otherwise the court may dismiss the case. When you are petitioning the court for a dissolution of marriage, or agreeing to a dissolution of marriage, make sure that you completely understand the grounds and any potential legal repercussions. If you would like to learn more about the Montana grounds, visit the Montana state statutes located at: http://data.opi.state.mt.us/.