Montana Divorce FAQS

At least one spouse must have lived in Montana for 90 days before filing for divorce. Military members stationed in the state also qualify.

You must live in Montana for a minimum of 90 consecutive days before submitting your petition. Proof such as a lease, utility bills, or a driver’s license may be required.

No. Montana is a no-fault divorce state, meaning you only need to show the marriage is irretrievably broken. Fault such as adultery is not required.

Montana recognises irretrievable breakdown of the marriage as the primary ground, shown through separation or statements that the marriage cannot be repaired.

You begin by filing a Petition for Dissolution of Marriage with the district court in your county and serving your spouse according to Montana rules.

Filing occurs in the District Court of the county where either spouse lives. Each county’s Clerk of Court processes divorce filings.

Typical forms include the Petition for Dissolution, Summons, financial disclosures, and a proposed parenting plan when children are involved.

Filing fees generally range from $150 to $200 depending on the county, with additional fees for service or required parenting classes.

Yes. You may request a fee waiver by submitting a financial declaration; a judge will review your income and expenses.

Uncontested divorces may take 30–90 days. Contested cases often last several months to more than a year.

There is no statewide waiting period, but timelines depend on court schedules and case complexity.

Uncontested divorces involve agreement on all issues. Contested divorces require negotiation or court intervention.

Yes. Joint petitions are allowed and can simplify and speed up the process.

Many Montana judges finalise uncontested divorces through submitted documents, though some counties may require a brief hearing.

Montana uses equitable distribution, dividing property fairly based on contributions, finances, and marriage length.

Montana follows equitable distribution rather than community property rules.

Courts consider income, earning potential, debts, contributions, and financial needs, including non-economic contributions.

Debts acquired during the marriage are divided equitably based on who incurred and benefited from them.

Options include awarding the home to one spouse, ordering a buyout, or selling the property, depending on finances and children’s needs.

Inheritances are usually separate property unless commingled with marital assets. Documentation helps preserve separate status.

Maintenance depends on the requesting spouse’s financial need, the other spouse’s ability to pay, and the marital standard of living.

Duration varies based on financial need and the time required for the spouse to become self-supporting.

Yes. Either spouse may request modification due to a substantial change in circumstances.

Enforcement options include wage garnishment and contempt proceedings.

Custody is based on the child’s best interests, including stability, emotional needs, and parental involvement.

Legal custody concerns major decisions; physical custody determines the child’s residence.

Judges consider parent–child relationships, health, home stability, cooperation, and history of abuse or neglect.

No. Montana law does not favour either parent based on gender.

Parenting time is defined in a parenting plan covering schedules, holidays, and major decisions.

Children may express preferences, but judges decide based on maturity and best interests.

Montana uses Child Support Guidelines considering incomes, parenting time, insurance, and childcare costs.

Wages, self-employment, bonuses, commissions, and certain benefits may be included.

Yes. Significant changes in income or parenting time can justify modification.

Enforcement includes wage withholding, tax intercepts, licence suspension, and legal action.

One or both parents may be ordered to provide insurance, with uncovered costs shared.

Reasonable childcare expenses are included and typically split proportionately to income.

Paternity may be established voluntarily or through court-ordered genetic testing.

Yes. Grandparents may request visitation if it benefits the child.

Plans must outline schedules for holidays, summers, and special occasions.

A parenting plan outlines custody, schedules, decision-making, and communication rules.

Service may occur through personal service, sheriff service, or a process server.

You may request service by publication through a local newspaper.

Yes. Courts may issue a default judgment if your spouse fails to respond.

Discovery includes exchanging financial documents and answering formal questions.

A lawyer is not required but recommended for complex cases involving children or assets.

Yes. Mediation is common and can reduce time, cost, and stress.

Judges review evidence, hear testimony, and make decisions on contested issues.

Yes. You may request restoration of a former name in the divorce decree.

The divorce becomes final when the judge signs the Decree of Dissolution and it is filed.

Orders on custody, support, or property may be appealed or modified under certain conditions.