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A legal separation of married couples is authorized under Montana law but requires the consent of both persons to a marriage. If one spouse objects to a legal separation the only available remedy is the complete dissolution of marriage.
The legal separation of married couples requires, and largely parallels, the process for a dissolution of marriage. In both instances, the parties–or the court is necessary– will divide debts and assets equitably, address the shared parenting and continued support of minor children, and determine whether maintenance is at issue. A legal separation, however, does not require that court to find that there are irretrievable breakdown of the marriage.
At flatheadlaw.com we suggest that you seek legal advice and counsel of a licensed attorney if you wish to seek, or are considering, a legal separation from your spouse.
See our Legal Separation FAQ’S for further information.
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