I am just starting the process of dissolution of marriage (state of Montana), do not have a lawyer as yet, and have a few critical first questions:1. What are the benefits of filing joint petition for dissolution vs. a solitary petition?2. In my preliminary research, it says the parties must be living in separate domiciles 190 days prior to filing for dissolution. Is this true?3. What constitutes "abandonment"? If I am forced to seek separate residence, because my husband is in denial and doesn't want to agree to either a separation nor a dissolution, would this constitute "abandonment" on my part?
1) A joint petition means the case will move on the uncontested track and can be completed in a shorter time 6-9 months depending on the docket of the court, since the parties are not in disagreement over the dissolution. 2) Montana law does require the parties to live separate and apart for 180 days prior to the filing of the petition for divorce. Under Montana law, you can be separate and apart under the same roof as long as you are living separate lives and not as a married couple and not engaging in any marital relations. 3) Abandonment is where one party leaves where it is reasonable to infer their intent is not to return. Moving from a marital residence in preparatation for a divorce is NOT abandonment.
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