Montana Divorce & Family Law Resources
Your trusted guide for navigating divorce, custody, child support, and family law matters in Montana. Whether you're just starting the process or already deep into a case, we provide clear, easy-to-understand information so you can take the next step with confidence.
Your Montana Divorce Starts Here
Montana’s family court system can feel overwhelming, but you don’t have to go through it alone. Our guides break down every step of the process:
- How to file for divorce in Montana
- Residency and legal requirements
- Serving your spouse properly
- Understanding Montana’s court procedures
- What to expect at hearings and mediation
Do I need my spouse’s agreement to get a divorce in Montana?
No. Montana is a no-fault divorce state. As long as you meet the residency rules and tell the court your marriage is “irretrievably broken,” you can get a divorce even if your spouse doesn’t agree or participate.
How long does it take to finalize a divorce in Montana?
Montana has a minimum 21-day waiting period after your spouse is served (or after you file a joint petition). Many uncontested cases finish in about 2–4 months. Contested cases with disagreements over kids, property, or support can take several months to a year or more.
Can I file for divorce in Montana if I just moved here?
You (or your spouse) must have lived in Montana for at least 90 days before filing. If you have minor children, they usually must have lived in Montana for 6 months before the court can make custody orders. If you haven’t met these time frames yet, you may need to wait or talk to a lawyer about your options.
Legal Process in Montana
Step 1: File Petition & Pay Fee
The divorce process starts when one spouse files a Petition for Dissolution of Marriage in district court and pays the filing fee. The court issues a Summons and an automatic economic restraining order that prevents both spouses from hiding or wasting money or property.
Step 2: Serve Divorce Papers
Have the Summons and Petition legally delivered to your spouse by a sheriff, process server, or signed acknowledgment of service. This formal “service” starts the 21-day response clock and officially notifies your spouse of the case.
Step 3: Exchange Financial Information
Both spouses share financial documents and complete income/expense disclosures. You work out (or let the court decide) how to divide property and debts, whether anyone pays maintenance (alimony), and—if you have children—your parenting plan and child support.
Step 4: Final Decree
Once all issues are resolved and required forms are filed, the judge reviews your paperwork. In uncontested cases, the court may finalize your divorce without a long hearing. When the Decree of Dissolution is signed and filed, your marriage is legally over.