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Legal separation in Montana is a legal process that allows married couples to live apart while remaining legally married. It involves obtaining a court order that outlines the rights and responsibilities of each spouse during the separation period.  Attorney Paul Moses has handled countless legal separation cases and would be happy to discuss your case and questions.  Call us at 406.630.3032.

Yes.  Legal separation can be an option for couples who want to take a temporary break from their marriage or need time to work on their relationship without ending the marriage completely. 

While legal separation and divorce both involve living separately, legal separation does not terminate the marriage. In a legal separation, the couple is still married and cannot remarry, whereas in a divorce, the marriage is legally dissolved.

Either you or your spouse must be a resident of Montana for at least 90 days before filing for legal separation.

Montana is a no-fault state, which means that neither spouse needs to prove fault or wrongdoing to obtain a legal separation. The most common ground for legal separation is the irretrievable breakdown of the marriage, where the spouses have experienced an irreparable breakdown in their relationship.

Yes, after legal separation in Montana, either spouse can file for a conversion of the case to divorce. The conversion process requires filing a motion with the court and providing evidence that the separation has continued for at least 180 days since the legal separation order was entered.  

If one spouse moves out of Montana after a legal separation, it may still be possible to proceed with the legal separation process. However, it is important to consult with an experienced attorney to understand the potential implications and ensure compliance with Montana's laws. 

Yes, prenuptial agreements (also called premarital agreements) are generally enforceable in Montana.  However, they must meet certain criteria to be valid, such as being in writing, being voluntarily signed by both parties, and being entered into without any signs of coercion or fraud.

Mediation is a process where a neutral third party helps divorcing couples or separated parents reach agreements on issues such as child custody, visitation, and support. Mediation is encouraged in Montana to promote cooperative decision-making, but it is not mandatory.

No, but you can do your own brain surgery, too.  In either instance, the results will be the same:  bloody and irreversible.  So while you are not required to have an attorney, it is highly recommended to seek experienced legal representation if you have questions about or are interested in legal separation.  Call us today!