When can I get a divorce?

In Montana, the legal process to get a divorce can begin once a couple has lived separately for at least 180 days. The 180 days do not have to be consecutive, but the rule typically prevents couples from getting a divorce quickly. In addition to living separately, Montana law requires that at least one of the spouses must have been a resident of the state for at least 90 days before filing for divorce. This is known as the “residency requirement.” After these requirements have been met, an individual can begin the process of filing for a divorce. Once an individual has filed for a divorce they can expect a waiting period of 60 days before it is finalized. During this period, the spouse who filed will be required to provide “divorce papers” to their partner, so that they are aware of the legal proceedings. A judge will then have to sign off on the divorce, and it can officially be entered into the court’s records. In some cases, it may take longer than 60 days to finalize a divorce. In cases where a couple disagrees on the terms of the divorce, it might take multiple hearings to reach a conclusion. Each hearing will add more time to the divorce proceedings. In Montana, it is possible to get a divorce, so long as the legal requirements of separation and residency are satisfied. Although it can be a lengthy process, with patience and proper paperwork, individuals can obtain a divorce and move on to the next chapter in their lives.

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