The basics of divorce law Published Aug. 31, 2015 By Malmstrom Legal Office MALMSTROM AIR FORCE BASE, Mont. -- We've all heard the statistic that 50 percent of marriages end in divorce. While no-fault divorce laws make it easier to get a divorce, there is still a lot to know about family law before filing for a divorce. The legal office can help navigate the process including how long individuals have to live in Montana to file for divorce here, what the grounds for divorce are, how property is distributed, and child custody and support. First, in order to file for divorce in Montana, the Montana courts must have jurisdiction. Jurisdiction means the courts must have the proper authority to hear the case. If an individual and their spouse do not have any children under age 18, to file for divorce in Montana, they must have lived here for at least 90 days. For couples that have children under 18, they must have lived in Montana for at least six months. Even if individuals were not married in Montana, so long as they have lived here for the requisite time, they can file for divorce here. Montana Code Annotated § 40-4-107 allows for no-fault divorces based on an "irretrievable breakdown in the marriage." A no-fault divorce means that couples do not have to show that anyone caused the end of the marriage. An irretrievable breakdown happens in one of two ways. First, if the parties have been separated for at least 180 days, the courts will consider the marriage irretrievably broken. Second, a marriage can be irretrievably broken if there is a serious marital discord. Whether there is serious marital discord will depend on the facts of the case and is determined by the court. Montana courts will decide how marital property is distributed based on equity. Equity essentially means fairness. Just because the court divides property fairly, however, does not mean that the court will divide property equally. When deciding how property should be divided, the courts will consider several factors. A list of these factors can be found in the Montana Code Annotated § 40-4-202. Examples include the length of the marriage; the age, health, and occupation of each party; and the needs of the parties. If individuals do not want the court to divide their property, the party can enter into a separation agreement. A separation agreement functions much like a contract where an individual and their spouse decide how they want their property to be divided. This agreement will become binding unless the court finds that the agreement is unconscionable, or extremely unfair. If an individual and their spouse have minor children, the court will make its custody determination based on the best interest of the children. The court will consider the factors found in Montana Code Annotated § 40-4-202. These factors include the wishes of the children and parents, the health of the children and parents, the stability of the child, and the child's home, school, and community. Concerning child support, both parties have an obligation to financially support their children. When determining the amount of support, the court will consider the financial resources of the parents, the standard of living of the child, and the child's educational and medical needs. Other factors can be found in Montana Code Annotated § 40-4-204. For questions about divorce, individuals can set up an appointment with the legal office at 406-731-2878. Appointments are available from 9 - 11 a.m. on Wednesday and walk-in hours from 8 - 10 a.m. on Thursday.