Legal Question in Family Law in Montana

You will first need to prove that a marriage exists before your rights as a spouse can be considered. Proving the marriage exists can be as simple as filing a petition for dissolution of marriage and having the other person file a response that, by its language, agrees that a marriage exists. On the other hand, the respondent can simply deny that a marriage exists, that you were merely living together.

If the respondent agrees that a marriage exists, then you can look at Montana statute to determine spouse's rights and responsibilities regarding the marital estate.

If the respondent denies that a marriage exists, you will need to prove that you were married by common law. You can look at case law that concludes, in some cases, that a marriage exists and in others that it does not.

From the statute and case law, you can make an 'educated guess' whether you have a valid marriage and your rights under the law.