Thank you for your reply and clarification.
Bigamy would be if he is legally married to her in China. Whether he is in a common law marriage
would depend on the laws of China, not the laws of Montana since neither reside in Montana. China does not recognize common law marriages, so he cannot be found to have committed bigamy as their cohabitation
is not considered a common law marriage in that country.
As to adultery, that would also depend on the laws of China and whether he can be prosecuted for that since the "act" is taking place in their jurisdiction, not in the jurisdiction of Montana. I don't see any reference to adultery as a crime in that country.
Montana is a no fault divorce
state, which means there is no need to prove anything to get a divorce, just that the marriage is broken and you have lived apart for more than 180 days or there is a Serious marital discord that adversely affects the attitude of one or both of the parties towards the marriage (
Montana Code - Section 40 - Titles: 4-104).
As to the divorce, you will be entitled to support if you are financially dependent on him and unable to sustain the standard of living which you were accustomed to before the divorce. Spousal support
in Montana is based on the following factors:
The court will order maintenance, when the spouse are unwilling to come to an agreement, in such amounts and for such periods of time as the court deems just, without regard to marital misconduct, and after considering all relevant facts including:
(a) the financial resources of the party seeking maintenance, including marital property apportioned to him, and his ability to meet his needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;
(b) the time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;
(c) the standard of living established during the marriage; (d) the duration of the marriage;
(e) the age and the physical and emotional condition of the spouse seeking maintenance; and
(f) the ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance.
(Montana Code - Section 40 - Titles: 4-203)
Please let me know if you have further questions.
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