Persons considering ending their marriage through the divorce process may also consider marriage counseling, legal separation (in states that recognize such a status), annulment (in limited circumstances), and living apart. Each of these alternatives may have financial and other consequences.
In Montana, individuals contemplating the end of their marriage have several options to consider. Divorce is the legal dissolution of a marriage by a court, and Montana allows for no-fault divorce, meaning that a spouse can file for divorce without proving wrongdoing by the other party. Marriage counseling is often considered before taking legal steps to end a marriage, as it can help couples address issues and possibly reconcile. Legal separation is another option recognized in Montana, which allows couples to live apart and divide their assets without formally ending the marriage; it can be a step before divorce or an alternative to it. Annulment is a legal procedure that declares a marriage null and void, as if it never existed, but it is only available under specific, limited circumstances, such as fraud, bigamy, or incapacity. Each of these alternatives has different financial implications and consequences for property division, child custody, and support obligations. It is advisable to consult with an attorney to understand the legal and financial consequences of each option in Montana.