Divorce in Montana
Montana is a no-fault divorce state where the sole ground is the irretrievable breakdown of the marriage. The state uses equitable distribution for property division and requires at least one spouse to have been a Montana resident for 90 days before filing.
Quick Facts
Residency Requirement
90 days residency required
Waiting Period
20 days after service
Filing Fee
$200-$350
Property Division
equitable distribution
Grounds for Divorce
- •Irretrievable breakdown of the marriage
- •Serious marital discord
Key Facts
- ★Montana is a no-fault divorce state
- ★A 20-day waiting period applies after service
- ★At least one spouse must have been a Montana resident for 90 days
- ★Property is divided by equitable distribution
- ★Montana does not have statutory alimony guidelines
Child Custody
Montana courts use the term 'parenting plan' and determine arrangements based on the best interests of the child. The court considers the wishes of the parents and child, the child's adjustment to home and community, and any history of physical abuse or threat of abuse.
Alimony / Spousal Support
Montana courts may award maintenance when a spouse lacks sufficient property to provide for their needs and is unable to support themselves through employment. The court considers the financial resources of both parties, the time needed for education, and the standard of living during the marriage.
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Common questions about divorce in Montana
Montana uses equitable distribution, meaning marital property is divided fairly but not necessarily equally. The court considers each spouse's contributions, the length of the marriage, the age and health of each party, and their respective economic circumstances.
Montana has a 20-day waiting period after the respondent is served before the divorce can proceed. An uncontested divorce can typically be finalized within a few months, while contested divorces may take longer.