Montana divorce records are official documents that provide proof that a marriage has legally ended through the courts. Understanding how to access Montana divorce records helps you obtain the documentation you need for legal purposes, personal records, or genealogical research. This comprehensive guide explains everything about obtaining divorce records in Montana, including where to find them, who can access them, and what information they contain.
What Are Montana Divorce Records?
Montana divorce records are official documents generated during the legal process of ending a marriage through the district court system. In Montana, divorce is legally called "dissolution of marriage," and the records from this process capture all details and outcomes of divorce proceedings.
These records are maintained by district court clerks in the county where the divorce was granted. Montana divorce records serve as legal proof that a marriage ended and document the terms of the dissolution.
Types of Montana Divorce Records
Montana divorce records include several types of documents:
Divorce Decree
This is the final court judgment that officially ends the marriage. The decree summarizes all terms of the dissolution, including property division, child custody arrangements, child support obligations, and spousal maintenance. This is the primary document most people need when requesting Montana divorce records.
Divorce Certificate
A simplified document issued by the state confirming the end of a marriage. It provides basic informationincluding both spouses' names and the divorce date, without detailed terms.
Associated Court Documents
These include all paperwork filed during the divorce case, such as the Petition for Dissolution, Response, financial affidavits, parenting plans, child support worksheets, property settlement agreements, and court recordings of hearings.
Certified vs. Informational Copies
Montana divorce records are available in two formats:
Certified Copies
These bear the district court's official seal and the clerk's signature. Certified copies are required for legal proceedings, remarriage, changing your name with government agencies, and other official purposes. Access to certified copies is restricted to the parties involved in the divorce, their legal representatives, or individuals with a court order.
Informational Copies
Also called plain copies, these lack the official seal and signature. Anyone can typically obtain informational copies, which are suitable for personal research, genealogical studies, or situations where you simply need to verify information without official documentation.
Where Montana Divorce Records Are Kept
Montana divorce records are maintained by the district court in the county where the divorce was granted, not by a centralized state database.
District Court Clerk Offices
Each of Montana's 56 counties has a district court clerk who preserves divorce records for dissolutions granted in that county. The clerk maintains the complete court file including all pleadings, motions, orders, court recordings, and the final decree.
To obtain Montana divorce records, you must contact the district court clerk in the specific county where the divorce occurred. You cannot request records from just any Montana county - you must know which county's district court handled the divorce.
Montana Judicial Branch
The Montana Judicial Branch website at courts.mt.gov provides a directory of all district courts organized by county. This resource helps you identify the correct court and provides contact information for each clerk's office.
As Montana courts transition to a new centralized case management system, some public records are becoming available through the Montana District Court Public Access Portal. However, complete Montana divorce records still require contacting the specific county's district court clerk.
Montana Department of Public Health and Human Services
The Office of Vital Statistics within this department maintains an index of divorces finalized in Montana since July 1943. However, they do not issue copies of Montana divorce records. They only verify whether a divorce occurred and can confirm basic facts about the dissolution.
This verification service costs a non-refundable fee for the first five years searched, plus additional fees for each extra year. For actual copies of Montana divorce records, you must contact the district court clerk where the divorce was granted.
How to Obtain Montana Divorce Records
The process for obtaining Montana divorce records depends on whether you need certified or informational copies and whether you're visiting in person or requesting by mail.
Step 1: Identify the Correct District Court
First, determine which county's district court granted the divorce. If you don't know the county, the Montana Office of Vital Statistics can help you locate it by searching their index.
You can also check the Montana Judicial Branch website for a complete list of district courts and their contact information.
Step 2: Gather Required Information
Before requesting Montana divorce records, collect the following information:
- Full legal names of both parties at the time of divorce
- Date the divorce was finalized (exact date if known, or approximate timeframe)
- Case number (if available)
- Your relationship to the parties involved
- Reason for requesting the records
- Valid photo identification
For in-person requests, bring your photo ID. For mail, email, or fax requests, include a legible copy of your driver's license for identification purposes. Many clerks recommend blacking out your date of birth and driver's license number for security.
Step 3: Submit Your Request
- In-Person Requests : Visit the district court clerk's office in the county where the divorce occurred. Complete a request form provided by the clerk's office and pay the required fees. Staff can tell you which forms to complete, but cannot provide legal advice.
2. Mail Requests : Send a written request to the clerk of the district court. Include:
- Complete names of both parties
- Approximate date of divorce
- Case number if known
- Your relationship to the parties
- Reason for your request
- Copy of your photo ID
- Self-addressed, stamped envelope for return mail
- Check or money order for fees
Mail your request to the district court clerk at the address listed on the Montana Judicial Branch website.
3. Online Access : Some Montana counties provide limited online access to case information through their websites or through the Montana District Court Public Access Portal. These systems typically show basic case information like party names, filing dates, and case status, but you'll still need to contact the clerk for complete Montana divorce records.
Step 4: Pay Required Fees
Fees for Montana divorce records vary by county but typically include:
- Search fee: Usually $2 per name per year for the first seven years searched, then $1 for each additional year
- Divorce decree copy: Approximately $10 for an informational copy, $12 for a certified copy
- Additional page charges: Typically $1 per page for the first 10 pages, then $0.50 per page thereafter
If you know the exact year of the divorce, you may not need to pay a search fee. Contact the specific district court clerk's office to verify current fees before submitting payment.
Step 5: Processing Time
Processing times for Montana divorce records requests vary:
- In-person requests: Often processed the same day or within a few business days
- Mail requests: Typically 2-4 weeks depending on the clerk's workload and how much searching is required
Allow adequate time for mail requests, especially if searching multiple years or if the clerk's office has high volume.
Who Can Access Montana Divorce Records?
Access to Montana divorce records depends on the type of copy you're requesting.
Public Access to Informational Copies
Montana divorce records are generally considered public records. Anyone can request informational copies from the district court clerk where the divorce was granted. These plain copies provide basic information confirming the divorce occurred.
Restricted Access to Certified Copies
Certified copies of Montana divorce records are restricted to:
- The former spouses named in the divorce
- Legal representatives of the parties (with proper authorization)
- Individuals with a court order showing legal interest in the documents
If you're requesting certified copies, you'll need to prove your identity and your relationship to the case.
Privacy and Sealed Montana Divorce Records
While Montana divorce records are public, important privacy protections exist.
Automatically Sealed Information
Some information in Montana divorce records is automatically sealed by law:
- Social security numbers
- Financial account numbers
- Certain sensitive financial information
District court clerks redact this information before providing copies to protect parties' privacy and prevent identity theft.
Petitioning to Seal Records
Either party in a divorce can petition the district court to seal all or part of their Montana divorce records. Common reasons for sealing include:
- Protecting children's privacy in custody disputes
- Safeguarding sensitive financial information
- Safety concerns in domestic violence situations
- Protecting details about mental health issues
To seal Montana divorce records, a party must:
- File a motion to seal with the district court that handled the divorce
- Provide specific reasons why sealing is necessary
- Attend a hearing where the judge considers the request
- Obtain a court order if the judge grants the motion
- File the order with the clerk to ensure proper sealing
Once sealed, Montana divorce records are only accessible to the parties named in the case and their legal representatives.
Online Access to Montana Divorce Records
Montana does not have a centralized online database providing complete divorce records.
Limited Online Information
Some Montana counties offer online portals where you can search case dockets and view basic information such as:
- Party names
- Case numbers
- Filing dates
- Case status and outcomes
These online systems provide an overview but don't include complete Montana divorce records. You must still contact the district court clerk for full documents, court recordings, and certified copies.
Montana District Court Public Access Portal
As Montana implements new court case management systems, the Montana District Court Public Access Portal at dcportal.pubcourts.mt.gov provides access to some public court records. Check this portal for basic case information, though complete Montana divorce records require contacting the clerk.
Third-Party Websites
Various third-party websites claim to provide access to Montana divorce records. These sites operate independently of government agencies and may charge fees for searches.
Important considerations about third-party sites:
- Accuracy cannot be guaranteed
- Information may be incomplete or outdated
- They don't provide official certified copies
- Government agencies don't regulate them
- Official records from district court clerks are more reliable
For legal purposes, always obtain Montana divorce records directly from the district court clerk rather than relying on third-party websites.
County-Specific Information for Major Montana Counties
Here's contact information for district court clerks in some of Montana's largest counties:
Missoula County
Missoula County District Court maintains Montana divorce records for divorces granted in Missoula County. Records include divorce decrees, wills, adoption records, marriage licenses, and other district court documents.
Contact: (406) 258-4780 Address: 200 West Broadway, Missoula, MT 59802 Website: missoulacounty.gov/departments/district-court
Gallatin County
The Gallatin County Clerk of District Court's office is located in the Justice Center.
Address: 515 S. 16th Ave., Room 1041, Bozeman, MT 59715 Records Clerk: (406) 582-2157 Email: [email protected]
Yellowstone County
Contact the Yellowstone County District Court Clerk for Montana divorce records from Billings and surrounding areas.
Visit the Montana Judicial Branch website for complete contact information for all county clerk offices.
Historical Montana Divorce Records
For genealogical research or historical purposes, older Montana divorce records follow the same process as recent records.
The Montana Office of Vital Statistics has indexed divorces since July 1943, though they don't provide copies. For divorces before 1943, contact the district court clerk in the county where the divorce occurred.
Some very old Montana divorce records may have been transferred to county archives or historical societies. The Montana Historical Society and local historical societies may have information about accessing older records.
Moving Forward
Montana divorce records provide essential documentation of dissolved marriages. Whether you need certified copies for legal purposes or informational copies for research, understanding the process helps you obtain the records efficiently.
Remember that Montana divorce records are maintained by district court clerks in each county, not by a centralized state agency. You must contact the clerk in the specific county where the divorce occurred. While some basic information may be available online, complete Montana divorce records and certified copies require direct contact with the district court clerk.
Allow adequate time for processing, especially for mail requests. Gather all required information before submitting your request, and verify current fees with the specific clerk's office. For legal matters, always obtain certified copies from the official district court source rather than relying on third-party websites.
Montana divorce records serve important functions for legal proceedings, remarriage, name changes, and personal records. By following the proper procedures and working with the appropriate district court clerk, you can successfully obtain the Montana divorce records you need.