Montana Divorce Law

Residency Requirements

One of the spouses must be a resident of Montana for 90 days immediately prior to filing. The dissolution of marriage should be filed for in the county where the petitioner has been a resident for the previous 90 days.

Grounds for Divorce

No Fault Divorce:        

• Irretrievable breakdown of the marriage shown by:

1. Serious marital discord which adversely affects the attitude of both spouses towards     the marriage and no reasonable prospect of reconciliation.
2. Living separate and apart for 180 days prior to filing.

General Divorce or Fault Based Grounds:        

• Irretrievable breakdown of the marriage and living separate and apart for 180 days prior to filing are the only grounds for dissolution of marriage in Montana.

Legal Separation in Montana:

Irretrievable breakdown of the marriage is the only grounds for legal separation in Montana. One of the spouses must be a resident of Montana for 90 days immediately prior to filing for legal separation.

Simplified/Special Divorce Procedures in Montana:

Joint petitions for dissolution of marriage are allowed. In such cases, both spouses should be titled as “Co-Petitioners” on the petition. In addition, separation or settlement agreements are specifically authorized by law.

Divorce Mediation or Counseling Requirements in Montana:

Mediation or counseling may be required if there are:        

• Minor children.        
• One spouse denies that the marriage is irretrievably broken.        
• One or both spouses wish to attempt an amicable settlement of their differences.

The court may delay the proceedings for 30 to 60 days and refer the spouses to one of the following:        

• A psychiatrist        
• A physician        
• An attorney        
• A social worker       
• A pastor or director of any religious denomination to which the spouses belong.        
• Any other person who is competent and qualified in personal counseling.

Alimony/Spousal Support in Montana:

Either spouse may be awarded maintenance if that spouse can show:        

• An inability to support himself or herself.        
• A lack of sufficient property (including his or her share of any marital property) to provide for his or her own needs.        
• That the spouse seeking support is the custodian of a child whose condition or circumstances make it appropriate for that spouse not to seek outside employment.

The award is made without regard to marital fault, based on the following factors:        

• The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse’s future earning capacity.        
• The standard of living established during the marriage.        
• The duration of the marriage.        
• The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support.        
• The financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and any child support and such spouse’s ability to meet his or her needs independently.        
• The age of the spouses.        
• The physical and emotional conditions of the spouses.

Child Custody in Montana:

“Parenting” is now the legal terminology in use in Montana to describe the concept of custody. “Parenting Plans” are now the Montana description of child custody arrangements. Sole or joint parenting is awarded based on the best interests of the child and upon a consideration of the following factors:       

• The preference of the child.        
• The wishes of the parents.        
• The child’s adjustment to his or her home, school, and community.        
• The mental and physical health of all individuals involved.       
• Any history of child or spouse abuse or threats of abuse.        
• Any chemical dependency or abuse by a parent.        
• The relationship of the child with parents, siblings, and other significant family members.        
• The continuity and stability of the child’s care.        
• The developmental needs of the child.        
• Whether a parent has failed to pay any of the child’s birth-related costs.        
• Whether the child has frequent and continuing contact with both parents (a consideration of any spousal or child abuse by either parent or anyone residing in a parent’s household is considered also.)        
• Whether a parent has knowingly failed to support the child.        
• Any adverse effects on the child resulting from 1 parent’s continuous and annoying efforts to amend parenting plans.

The parents must submit a parenting plan to the court; although they may choose to submit a temporary or “interim” parenting plan. A parent’s sex is not to be considered.

Child Support in Montana:

Either or both parents may be ordered to pay child support, based on a consideration of the following factors:        

• The financial resources of the child.        
• The standard of living the child would have enjoyed if the marriage had not been dissolved.        
• The physical and emotional conditions and educational and medical needs of the child.        
• The financial resources, needs, and obligations of both the noncustodial and the custodial parent.        
• The age of the child.        
• The cost of any daycare.        
• The parenting plan for the child.        
• The needs of any other person that a parent is obligated to support.        
• The provision of health and medical insurance for the child.

A portion of the parents’ property may be set aside in a trust fund for the support of the children. A parent may be ordered to provide health insurance coverage for a child if such coverage is available at a reasonable cost. There are uniform child support guidelines adopted by the Department of Public Health and Human Services that are to be considered by the court. Child support payments may be required to be made through the Department of Health and Human Services.

Property Distribution in Montana:

Montana is an “equitable distribution” state. All of the spouse’s property, including any held prior to the marriage and any gifts and inheritances, is divided by the court, without regard to marital misconduct, based on consideration of the following factors:        

• The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker.        
• The length of the marriage.        
• The age and health of the spouses.        
• The occupation of the spouses.        
• The amount and sources of income of the spouses.        
• The vocational skills of the spouses.        
• The employability of the spouses.        
• The liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income.        
• The time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment.        
• Any premarital agreement.        
• Any prior marriage of each spouse.        
• Whether the property award is instead of or in addition to maintenance.        
• Any custodial provisions for the children.

Disclaimer: The divorce law information provided is for informational purposes only not for legal advice purposes. This information is general in nature. Each jurisdiction has specific code and court procedures. A local divorce attorney is your best source for how divorce is treated in your jurisdiction. Before making any legal decisions we encourage you to consult with a local attorney…do not make decisions based on general state divorce law.