Divorce may be defined as the legal ending, or dissolution, of a marriage. Married couples do not have a legal or a constitutional right to seek a divorce, but states such as Montana commonly grant divorces because to force a couple to stay married would be against public policy.

"No-fault" and "fault" are the two types of grounds, or justifications, for divorce in the United States. In some states, such as Montana, no-fault is the only acceptable justification for a divorce, even if fault grounds exist within the marriage. The other states allow the parties to choose either a no-fault or a fault divorce. Lawyers.com offers a comprehensive overview of divorce law in the state of Montana.

The concept of a no-fault divorce was first adopted in the United States in the late 1960's, and nearly all of the states currently allow for some form of it. A no-fault divorce is one in which the parties do not legally fault, or blame, each other for the divorce. Some examples of the justifications for a no-fault divorce include “irreconcilable differences,” “irretrievable breakdown,” or “incompatibility.” One spouse cannot generally stop a no-fault divorce, simply because when one spouse wants a divorce and the other does not, this constitutes irreconcilable differences, which justifies a no-fault divorce.

In Montana, the no-fault basis upon which a divorce may be obtained is an irretrievable breakdown of the marriage. The petition for dissolution of marriage is the first document filed with the Montana court. It is in this document that the petitioning spouse will request the court to terminate the marriage under certain specified grounds. Montana requires that at least one of the spouses must have lived in the state for at least 90 days prior to the commencement of divorce proceedings.

A Montana court may issue a decree of dissolution based on any of the following three factors: the marriage is irretrievably broken, the couple has been living separate and apart for at least 180 days prior to filing for divorce, or there is serious marital discord that adversely affects the attitude of one or both spouses toward the marital relationship.  

Many states require a "cooling-off" period of separation for a specific period of time before no-fault divorce proceedings can begin. During this time, the couple is required to live separate and apart with the intent that the separation will become permanent. The duration of the cooling-off period varies according to state law.  In Montana, there is no waiting period and the divorce decree is final upon issuance, but is subject to appeal.

Some states also allow fault grounds for divorce. Common fault grounds may include cruelty, desertion, adultery, prison confinement, habitual intemperance (drunkenness or drug addiction), and impotency. The state of Montana does not allow for divorce on the grounds of fault.

Divorce laws in general, as well as the specific grounds required for divorce vary widely across the United States. The American Bar Association provides a variety of information regarding divorce requirements state by state on their Section of Family Law website. A chart comparing all 50 states, including Montana, can be found at abanet.org.

*An example of a Montana Divorce Settlement Agreement can be seen on Free Legal Aid.