Montana Divorce Laws

Montana Divorce Guidelines to File for a Divorce

Divorce Requirements for Montana Residents

Filing for divorce or “Dissolution of Marriage,” as it is called in Montana, mandates that either of the parties must be a resident of the state for 90 days prior to the filing of papers.

Montana Grounds For Divorce

Montana recognizes no-fault divorce grounds, which include such factors as:

1. Marriage is irretrievably broken;
2. Couples live separately and apart for more than 180 days preceding the divorce filing; or
3. Serious marital conflict or discord with no probability of reconciliation.

The State of Montana also has a simplified process called Summary Dissolution which makes the divorce process easier.

To qualify for Summary Dissolution, the following requirements, among others, must be met:

1. Both parties must agree to have a divorce.
2. The couple must have no children, real estate properties, and unpaid debts.  
3. The couple must have mutually and amicably agreed on the division of assets and debts.

Child Custody Law in Montana

Both parents must submit a Parenting Plan that outlines their custody and visitation details.

The court in Montana divorce proceedings recognizes joint custody in the child’s best interest. Some of the following factors are considered:

1. Wishes of the child and the parents;
2. Real or threatened abuse of the child by either parent;
3. Emotional bond and interpersonal relationship of the child with each parents, siblings, and any other person who may significantly affect the child’s best interests;
4. Child’s adjustment to home, school, and community; and
5. Mental and physical health of all individuals involved.

Guidelines for Montana Child Support

Montana child support guidelines are based on official guidelines and on the income shares model for calculating child support. It computes child support based on the income and financial resources of each parent and the projected expenses in raising the child such as, but not limited to, the child’s education, health care, cost of daycare.

Child support will continue until the child finishes high school but not past 19 years old.

Where to file for a divorce?

Montana divorce forms can be filed in the county where either petitioner or respondent resides.

For a fast and inexpensive divorce process, you can file Montana online divorce papers.

Refer to the “Divorce Requirements for Montana Residents” above and also review the best online divorce sites.

Mediation

Finding common ground to resolve their differences with a neutral third party assisting in the discussion, the process of mediation in Montana gives couples a higher chance of success as they create solutions to their issues. Upon filing the Montana Divorce Papers, the parties may be required to participate in mediation in order to resolve conflicts or disputes arising under parenting plans.

Need information for a different state?

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You may also visit the Montana Courts