Montana Divorce Guide


Get answers to annulment and divorce questions. End the uncertainty and the inevitable flapping of gums by those that don’t really know

A marriage annulment in Montana terminates an already illegal marriage and restores the parties to single status. Marriage annulments (sometimes referred to as a marital annulment or a marital annulment) are more difficult to get because the court expects more documentation and proof of grounds for annulment.

Those grounds for annulment include:

  • Fraud – If you have been cheated into a marriage or your spouse has misrepresented him or herself
  • Mental illness – If your spouse is insane and the insanity is affecting your married life
  • Bigamy – your spouse married you while already married
  • Incest (or consanguinity) – marrying a blood relative too close to you (parents, uncle, aunt, etc.), and
  • Physical disability – cannot consummate the marriage
  • Underage – one party was under age 16 at the time of marriage
  • No consent – one or both were between ages 16 and 18 and did not have consent from a parent or guardian. This ground must be filed before the underage spouse reaches age 18.

You must file annulment papers in the district court where one of you lives.

finger pointing rightHaving an on-line Parenting Plan will give your ex no wiggle room to interfere with scheduled activities, since you will allow online access and s/he can check it when there’s an urge to change things at the last minute. This puppy is worth its weight in gold. See our Parenting Plans page. You can inform the ex that if you put an activity on the schedule, it ain’t changing without discussion. Your kids can view it too and get a greater sense of stability and security.

Divorce statutes in Montana provide that in cases where a marriage annulment is sought, and there are children of the marriage, that those children be afforded the same rights, protections and parental financial support, including that the children are not considered illegitimate offspring of the parents, that other children of the state receive.

[Montana Code – Section 40 – Titles: 40-1-103, 40-1-401, 402 ]

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