What is an absolute divorce?

An absolute divorce in Montana is the most common type of divorce. It is a legally recognized dissolution of a marriage in which the court grants the couple a permanent and legal separation. This means that all of the rights that were conferred upon the couple when they entered into the marriage are terminated. In Montana, an absolute divorce requires that the couple has been living separately and apart for a period of at least 180 days before the divorce is granted. The court must also be satisfied that the spouses have established different residences and that the marriage is irretrievable. In order to file for an absolute divorce, one of the spouses must have lived in Montana for at least 90 consecutive days prior to filing. The spouse filing for the divorce must also meet certain residency requirements to make sure that the court has jurisdiction in the case. Once the requirements are met, the couple can submit the paperwork to the court clerk. The paperwork will include a statement of the facts of the case and an affidavit of irretrievable breakdown. After the paperwork is filed, the court will review it and determine if a decree of absolute divorce can be entered. If the court decides to grant the divorce, it will enter a decree of absolute divorce. This means that the marriage is officially over and neither spouse has to recognize the other as their spouse. All of the rights and obligations of the marriage are terminated, and the couple can move on with their lives separately.

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