Legal Separation and Annulment in Montana
Whether Montana offers legal separation, how it differs from divorce, and the grounds for an annulment.
Short answer: Yes. If a spouse asks for a decree of legal separation instead of a dissolution, the court grants it in that form unless the other spouse objects. Mont. Code Ann. §§ 40-4-104(2), 40-4-108(2), 25-1-201
| Legal separation | Yes. If a spouse asks for a decree of legal separation instead of a dissolution, the court grants it in that form unless the other spouse objects. No earlier than 6 months after a legal separation decree, the court must convert it to a dissolution if either spouse asks. The filing fee for a legal separation petition is $150. |
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| Annulment | Montana calls an annulment a declaration of invalidity. The court declares a marriage invalid if a party lacked capacity to consent (mental incapacity, or alcohol or drugs) or was forced, pressured or defrauded about the essentials of marriage; if a party cannot physically consummate the marriage and the other did not know; if a party was under 16, or 16 or 17 without parental or court consent; or if the marriage is prohibited (an existing marriage, or close relatives including first cousins). Time limits apply: 1 year after learning of incapacity, 2 years for force, duress or fraud, and 4 years for inability to consummate. Children of an invalid marriage are legitimate. Section 40-1-401(1)(d) also lists same-sex marriage as prohibited; federal law requires states to license and recognize same-sex marriages. |
Where to get help in Montana
More Montana divorce & family law
- Getting a Marriage License in Montana
- Adopting a Child in Montana
- Guardianship of a Child or Adult in Montana
- Establishing Paternity in Montana
- Changing Your Name in Montana
- Child Custody Laws in Montana
- How Child Support Is Calculated in Montana
- Divorce Records in Montana
- Alimony and Spousal Support in Montana
- How to File for Divorce in Montana
- All Montana divorce & family law rules
FAQ
Can you get a legal separation in Montana?
Yes. If a spouse asks for a decree of legal separation instead of a dissolution, the court grants it in that form unless the other spouse objects. No earlier than 6 months after a legal separation decree, the court must convert it to a dissolution if either spouse asks. The filing fee for a legal separation petition is $150.
What are the grounds for annulment in Montana?
Montana calls an annulment a declaration of invalidity. The court declares a marriage invalid if a party lacked capacity to consent (mental incapacity, or alcohol or drugs) or was forced, pressured or defrauded about the essentials of marriage; if a party cannot physically consummate the marriage and the other did not know; if a party was under 16, or 16 or 17 without parental or court consent; or if the marriage is prohibited (an existing marriage, or close relatives including first cousins). Time limits apply: 1 year after learning of incapacity, 2 years for force, duress or fraud, and 4 years for inability to consummate. Children of an invalid marriage are legitimate.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.