When a marriage falls apart, it’s essential to know the various options you have to dissolve it legally. Two popular options are divorce and legal separation. Both options are designed to end a marriage, but they differ in some significant ways. This article highlights the differences between legal separation and divorce in Montana.
What Is Legal Separation?
Legal separation is a court-ordered process that creates a separation of a married couple’s lives without ending their marriage. In Montana, legal separation involves filing a petition with the court, which is similar to the divorce process. However, the significant difference between the two is that the court will not dissolve the marriage but only declares that the couple is legally separated.
Grounds for legal separation in Montana
The grounds for legal separation in Montana are similar to those for divorce, and they include:
- Irreconcilable differences that have occurred between the parties
- Adultery committed by either party after the marriage
- Willful desertion by one of the parties for a period of one year
- Habitual intoxication or drug abuse by either spouse
- Physical abuse or threats of physical abuse
What Is Divorce?
Divorce is the legal process that ends a marriage in Montana. Like legal separation, divorce involves filing a petition with the court. The court will then issue orders that will dissolve the marriage and divide marital property and debts. Unlike legal separation, divorce ends the couple’s marital status, allowing them to remarry if they choose to do so.
Grounds for divorce in Montana
Montana is a "no-fault" divorce state, which means that either party can seek a divorce without fault necessary. The grounds for divorce in Montana include:
- Irreconcilable differences that have caused the irretrievable breakdown of the marriage
- Adultery
- Willful desertion by one of the parties for a period of one year
- Habitual intoxication or drug abuse by either spouse
- Physical abuse or threats of physical abuse
Key Differences Between Legal Separation and Divorce in Montana
Marital status
In legal separation, the couple remains married, but their lives are separated. In contrast, divorce ends the couple’s marriage, and they become single individuals again.
Property division
In legal separation, the marital property and debts may be divided between the parties, but the court does not have to divide the property equally. Unlike legal separation, Montana law requires an equal division of marital property and debts in divorce.
Spousal support
The court can award spousal support in both legal separation and divorce. However, in legal separation, there is no requirement for spousal support. In contrast, the court may order spousal support in divorce, if it is necessary.
Remarrying
If you obtain a legal separation, you are still married, and you cannot remarry. In contrast, after a divorce, you are no longer married, and you can remarry if you choose to do so.
Conclusion
Legal separation and divorce serve different purposes, and they have different implications. It is essential to know the differences between the two to make informed decisions. If you are considering legal separation or divorce in Montana, the best course of action is to consult an experienced family law attorney to guide you through the legal process.