What if My Spouse Objects to the Divorce?

Since Montana only requires one spouse to have an adverse attitude toward the marriage in order to dissolve the marriage, the other spouse’s objection won’t prevent the divorce. However, it can prolong the process. If you’ve been separated for less than six months, your spouse can try to disprove your sworn statement that serious marital discord has adversely affected your attitude toward the marriage. He or she may also introduce the Montana Conciliation Law into the proceedings and ask the judge to help you reconcile your relationship. These types of objections can be scary and disheartening, but don’t be discouraged. If your marriage is truly over, your spouse’s objections won’t prevent you from getting divorced in the end.

If you expect your spouse to object to the divorce, seek the assistance of an attorney to help you navigate these types of tactics.