No-fault Divorce in Montana - “It’s not me, it's you”

By: Emma Buescher and Katie Thomas

To get a divorce in the state of Montana, you don’t need a reason—and you don’t have to provide an explanation to your spouse or to the court. The only requirement is that the person seeking the dissolution must include a statement in their petition that there has been an “irretrievable breakdown in the marriage.” §40-4-107, MCA.

As a no-fault divorce state, it is not necessary in Montana to prove the other party has committed any sort of wrongdoing, such as physical abuse or infidelity, nor do you have to have the other partner’s consent. 

No-fault divorce example

If a wife files for legal separation in Montana and—upon receiving the news—her husband files for dissolution of marriage (divorce), the court will proceed with the divorce action. The husband does not need the wife’s consent to file for divorce in Montana and the wife’s original filing for legal separation falls to the wayside.

According to §40-4-104, “if a party requests a decree of legal separation rather than a decree of dissolution of marriage, the court shall grant the decree in that form unless the other party objects.” Thus, it would be unlawful for the court to require the husband to remain married against his will.

How no-fault divorce laws have changed

Historically, a person needed a concrete reason to end a marriage. The general grounds for divorce included adultery, abandonment, felony, or other similarly liable acts. Until 1970, courts had the power to determine whether a person deserved emancipation from a marriage, even if both parties wanted to end it. This very often resulted in cooperating couples having more difficulty than non-cooperating couples in getting divorced; it was common in the 1950s for couples to invent nonexistent grounds for dissolution, thereby committing perjury, just so that they could move on with their lives. But eventually legislation began to catch up, and no-fault, or unilateral, divorce gradually became legal, starting with the state of California. As of 2010, unilateral no-fault divorce is legal in all 50 states.

Hire a Montana family law attorney for your no-fault divorce

For more information on divorce, contact divorce lawyer Emma S. Buescher, Esq., a family law attorney in Bozeman, Montana. Schedule an appointment today at (406) 414-6581.