What factors will a court consider when granting a divorce?

When a court in Montana is deciding whether to grant a divorce, they consider a variety of factors. For a marriage to end in divorce, the court must find that one of the spouses has an “irretrievable breakdown” in the marriage. The court looks at both spouses’ requests for the divorce and evaluates whether or not the marriage is in fact irretrievably broken. The court will consider the fault of the parties when adjudicating the divorce. This could include infidelity, cruelty, or one of the parties acting in an unreasonable manner. The court also examines the mental and physical health of both parties and any potential impact it may have on the ability of the parties to pursue the divorce. The court is also responsible for looking at the way the two spouses have interacted since the divorce. This includes whether or not either spouse has been oppressive or has acted with vitriol or refused to cooperate. Other matters that may be taken into consideration include how long the divorce has been pending, how long the marriage has been in existence, if there are any children from the marriage, if any spousal support has been requested, and the financial status of both parties. The court’s goal is to ensure the fairest resolution possible for both parties. The court may consider all of the above factors as well as any other relevant matters to make an informed decision as to the best outcome of the divorce.

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What factors will a court consider when granting a divorce?

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