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While separated, you are still considered married and any sexual relations with someone who is not your spouse is adultery if it occurs before you are divorced. Any dating clause you include in your separation agreement will not change this.
Montana Law recognizes that spouses who work as homemakers and spouses who work outside the home both contribute to the property acquired during the marriage. Property is to be divided equitably between the parties upon dissolution. An equitable dissolution is not always a 50/50 distribution.
You must ask the Court for a Legal Separation. Like a Dissolution of Marriage, or a divorce, your spouse does not have to agree to the Legal Separation. But, if one spouse objects and wants a Dissolution instead, they may change the Legal Separation into a Dissolution case.
Coercion, fraud, undue influence or lack of knowledge will void the terms of a separation agreement. A separation agreement is not proof of the parties separation. It is not required for a divorce in North Carolina, and it doesnt make a divorce in North Carolina easier or more difficult to obtain.
You do not have to go to court to get legally separated, if you and the other person agree on the terms on which you are separating. Either way you are still legally married after a legal separation and cannot get remarried unless you have obtained a divorce at a future date.
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If you and your spouse resume living together as a couple after signing a separation agreement, the law permits the court to void the agreement. However, if your separation agreement includes a reconciliation provision that says it will remain in effect after reconciliation, the court will honor it.
It is a legally-binding contract and both partners must adhere to the conditions within it. However, a separation agreement may be invalidated if it can be proven that it was not created fairly. Typically, this occurs if one partner knowingly tricks or threatens the other in order to gain an unfair advantage.
Montana divides marital assets via equitable distribution, which means that the court attempts to divide marital assets in a fair and equitable manner between the spouses, taking multiple factors into account in order to determine the equitable distribution for each spouse.
A recent study concluded that while the vast majority of married couples who separate will eventually divorce (within three years), approximately 15% remain separated indefinitely, even past the 10-year mark.
Generally speaking, marital property is defined as any property acquired by either spouse after the date of the marriage, with the exception of inheritances and gifts. How does Montana divide marital property? Montana follows equitable distribution laws when dividing marital property.

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