In Montana, divorce is considered “no fault.” This means that you do not have to prove fault on the part of either party in order to file for divorce. Therefore, the court does not consider such things as adultery or abuse as a basis for granting a divorce. Your spouse does not have to agree to the dissolution, and you do not have to show that either of you have been involved in wrong-doing.
As I posted in my blog, How Do I Get A Divorce In Montana?, one may get a divorce by living separate and apart for more than 180 consecutive days before filing a petition for divorce, OR having a serious marital discord between the parties with no reasonable prospect of reconciliation.
As long as the court finds that one of these two things is true, a divorce should be granted. It doesn't matter whether one party is more at fault than the other.
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