A Montana divorce certificate is an official document that proves your marriage has legally ended. Whether you need this vital record for remarriage, legal purposes, or personal records, understanding how to obtain your Montana divorce certificate ensures you get the documentation you need quickly and correctly.
Divorce Certificate
This is a document issued by the state confirming the end of a marriage. It provides basic information, including the names of both spouses and the date the divorce was finalized. The certificate serves as proof that the marriage legally ended.
Divorce Decree
This is the final court judgment that officially ends the marriage. The decree is much more detailed than a certificate. It contains the complete terms of the dissolution, including property division, child custody arrangements, child support obligations, and spousal maintenance. Divorce decrees are issued by the clerk of the district court where the divorce was granted.
Associated Court Documents
These include all paperwork related to the divorce case, such as the petition for dissolution, financial affidavits, parenting plans, child support worksheets, property settlements, and court recordings of hearings.
Certified Copies vs. Informational Copies
Montana offers two types of divorce record copies:
Certified Copies
These bear the court's official seal and the clerk's signature. Certified copies are required for legal proceedings, remarriage, name changes with government agencies, and other official purposes. Only the former spouses, their legal representatives, or individuals with a court order can typically obtain certified copies.
Informational Copies
Also called plain copies, these lack the official seal and signature. They're suitable for personal research, genealogical purposes, or situations where you simply need to verify information. Anyone can usually obtain informational copies.
Where Montana Divorce Records Are Kept
Montana divorce records are maintained by two different entities depending on what you need.
Clerk of District Court
The clerk of district court in the county where the divorce was granted maintains the complete divorce file. This includes divorce decrees and all associated court documents. Each Montana county has its own district court clerk's office that preserves these records.
The district court clerk can provide both certified and informational copies of divorce decrees and related court documents. They have the complete file from your case, including all pleadings, orders, and the final decree.
Montana Department of Public Health and Human Services
The Office of Vital Records within the Montana Department of Public Health and Human Services maintains an index of divorces finalized in Montana since July 1943. This is the same agency that maintains birth certificates, death certificates, and marriage licenses.
However, the Office of Vital Records does not issue copies of divorce records. They only verify the legal status of divorces. You can pay a fee for a search and verification service that confirms whether a divorce occurred, but you cannot get actual divorce certificates or decrees from this state office.
How to Get Your Montana Divorce Certificate
The process for obtaining your Montana divorce certificate depends on what type of document you need and where your divorce was finalized.
Step 1: Identify the Correct District Court
First, determine which county district court granted your divorce. Montana has 56 counties, each with its own district court. You need to contact the clerk of district court in the specific county where your divorce was finalized.
If you're unsure which county handled your divorce, the Montana Judicial Branch website lists all district courts organized by county. You can also contact the Office of Vital Records for help locating the correct county.
Step 2: Gather Required Information
Before requesting your Montana divorce certificate or decree, collect the following information:
- Full legal names of both parties at the time of divorce (including maiden names if applicable)
- Date of the divorce (exact date if known, or approximate date)
- Case number (if you have it)
- Your relationship to the parties (if you're not one of the divorced spouses)
- Reason for your request
- Valid photo identification
Montana requires clear, readable copies of both sides of your current driver's license or other government-issued identification with your signature. If you can't provide this, you need either two other forms of current identification (with one showing a signature) or a notarized request.
Step 3: Submit Your Request
You can request Montana divorce records in person or by mail.
In-Person Requests
Visit the clerk of district court office in the county where the divorce occurred. Bring your photo ID and be prepared to complete a request form. You'll pay the required fees at that time and typically receive your documents the same day or within a few business days.
Mail Requests
Send a written request including all the information listed above. Include:
- Complete names of both parties
- Date of divorce (exact or approximate)
- Case number (if known)
- Copy of your photo ID
- Self-addressed, stamped envelope for return mail
- Check or money order for the required fees
Mail your request to the clerk of district court in the appropriate county.
Step 4: Pay the Required Fees
Fees 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: Around $10 for an informational copy, $12 for a certified copy
- Copy charges: Typically $1 per page for the first 10 pages, then $0.50 per page thereafter
- Marriage licenses (for reference): Around $5 for a copy, $7 for certified
If you know the exact year of your 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
Allow adequate time for processing, especially for mail requests. In-person requests are often processed the same day. Mail requests typically take 2-4 weeks depending on the complexity of the search and the workload of the clerk's office.
County-Specific Contact Information
Each Montana county has its own district court clerk's office. Here are examples of how to contact some major counties:
Missoula County
The Missoula County Clerk of District Court maintains divorce decrees and court records. They can be reached at (406) 258-4780. Records are held at 200 West Broadway, Missoula, MT 59802.
Gallatin County
The Gallatin County Clerk of District Court is located in the Justice Center at 515 S. 16th Ave., Room 1041, Bozeman, MT 59715. Their records clerk can be reached at (406) 582-2157.
Yellowstone County
Contact the Yellowstone County Clerk of District Court for divorces finalized in Billings and the surrounding areas.
For other counties, visit the Montana Judicial Branch website or call (406) 444-2621 for the appropriate contact information.
Who Can Obtain Montana Divorce Records?
Access to Montana divorce records depends on the type of copy you're requesting.
Certified Copies
Certified copies of Montana divorce certificates and decrees are restricted to:
- The former spouses named in the divorce
- Legal representatives of the former spouses (with proper authorization)
- Individuals with a court order showing legal interest in the documents
If you're one of the divorced parties, you'll need to show photo ID proving your identity. If you're a legal representative, you'll need documentation of your authority to request the records.
Informational Copies
Informational (plain) copies are generally available to anyone who requests them. These copies confirm the divorce occurred and provide basic information but cannot be used for legal purposes.
Are Montana Divorce Records Public?
Yes, Montana divorce records are considered public records in most cases. However, there are important exceptions and limitations.
Public Access
Any member of the public can confirm whether a divorce occurred and obtain basic information through informational copies. This public access serves legitimate purposes including background checks, genealogical research, and verifying marital status.
Privacy Protections
Despite being public records, certain information in divorce files may be sealed or restricted:
Sealed Records: Either party can petition the court to seal sensitive information in divorce records. Common reasons include protecting financial data, safeguarding information about minor children, addressing domestic violence concerns, or protecting social security numbers and other personal identifiers.
Restricted Access: Even when records aren't fully sealed, certain documents may have restricted access. Financial records and social security numbers are automatically sealed in most cases.
Third-Party Websites
Various third-party websites offer access to Montana divorce records online. While these sites can be convenient, they're not regulated by government agencies. The accuracy and completeness of information from third-party sources cannot be guaranteed. Always verify important information through official sources.
Montana Office of Vital Records Role
The Montana Office of Vital Records, part of the Department of Public Health and Human Services, maintains an index of divorces but doesn't issue copies.
What Vital Records Can Do
The Office of Vital Records can:
- Verify whether a divorce occurred in Montana since July 1943
- Provide confirmation of essential facts about a divorce
- Direct you to the appropriate district court for obtaining copies
The fee for search and verification is $10 for the first five years searched, plus $1 for each additional year.
What Vital Records Cannot Do
The Office of Vital Records cannot:
- Issue divorce certificates or decrees
- Provide copies of divorce records
- Access the complete divorce file
For actual copies of Montana divorce certificates or decrees, you must contact the clerk of district court.
Online Access to Montana Divorce Records
Montana doesn't have a centralized online database for divorce records. However, some counties offer limited online access to case information.
County Online Systems
Some Montana counties provide online access to case dockets through their websites. These systems typically show:
- Party names
- Filing dates
- Case numbers
- Basic case status information
These online systems generally don't provide full documents, but they can help you confirm information before requesting official copies.
No Statewide Database
Unlike some states, Montana hasn't created a statewide online portal for divorce records. You must work with individual county clerks to obtain documents.
Sealing Your Montana Divorce Records
If you have privacy concerns about your divorce records, you can petition to have them sealed.
Reasons for Sealing Records
Valid reasons for sealing divorce records include:
- Protecting sensitive financial information
- Safety concerns in domestic violence situations
- Protecting minor children's privacy
- Safeguarding social security numbers and personal identifiers
How to Seal Records
The process involves:
- Filing a motion to seal with the court that handled your divorce
- Explaining why sealing is necessary
- Attending a hearing where you present your arguments
- Receiving a court order if the judge grants your motion
- Ensuring the clerk properly implements the sealing order
Note that some information is automatically sealed, including financial records and social security numbers.
Obtaining your Montana divorce certificate requires knowing where your divorce was finalized, contacting the correct clerk of district court, providing proper identification, and paying the required fees. Whether you need a certified copy for legal purposes or an informational copy for personal records, understanding the process helps ensure you get your documents quickly and correctly.
Remember that the Montana Office of Vital Records can verify divorces but cannot provide copies. For actual Montana divorce certificates and decrees, always contact the clerk of district court in the county where your divorce occurred. Keep copies of your divorce records in a safe place, as you may need them for various purposes throughout your life.