{"id":374616,"date":"2016-03-31T21:35:51","date_gmt":"2016-04-01T02:35:51","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/montana-law\/montana-legal-requirements-for-divorce.html"},"modified":"2024-12-18T14:54:12","modified_gmt":"2024-12-18T19:54:12","slug":"montana-legal-requirements-for-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/montana-law\/montana-legal-requirements-for-divorce.html","title":{"rendered":"Montana Divorce Laws"},"content":{"rendered":"\n
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Montana Divorce Laws <\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

If you’re considering divorce<\/a>, you should learn about Montana divorce laws. The divorce process is stressful enough. You don’t want to be blindsided during divorce proceedings. For example, if you’ve only lived in Montana for a few weeks, you won’t meet the state’s residency requirements.<\/p>\r\n

Here, we’ll discuss Montana’s basic divorce laws and explain how the state handles issues such as alimony<\/a>, child custody, and property division. Below is a chart that breaks down the critical Montana divorce laws.<\/p>\r\n

As you get closer to filing your petition for dissolution of marriage<\/a>, it’s a good idea to consult a Montana divorce lawyer<\/a>. They can help you navigate the Montana family courts. They’ll also work hard to ensure the best possible outcome in your divorce case.<\/p>\r\n

Legal Requirements for State of Montana Divorce<\/h2>\r\n

You must meet Montana’s residency requirements before filing your divorce petition. According to Montana Statute Section 25-2-118<\/a>, you must live in-state for at least 90 days before starting a divorce action.<\/p>\r\n

Montana also has a mandatory 21-day waiting period. The family law<\/a> judge can’t issue your final divorce decree for at least 21 days after the filing date. For instance, imagine that you file for divorce on June 1. Your spouse (respondent) gets a copy of the divorce papers on June 8. The 21 days starts when your spouse gets their copy of the court papers. The judge can’t issue your final decree of divorce until June 29.<\/p>\r\n

No-Fault Divorce vs. Fault-Based Divorce<\/h2>\r\n

Montana is a no-fault divorce<\/a> state. The Montana courts won’t consider either party’s marital misconduct when determining whether to grant the divorce. In a no-fault divorce, you don’t have to blame the other party for the breakdown of your marriage. You must only certify that there has been an irretrievable breakdown of the marriage. You must also show that you and your spouse have lived separately for 180 days.<\/p>\r\n

While Montana is a no-fault state, you can still cite specific grounds for divorce in your petition. The available grounds for divorce in Montana include:<\/p>\r\n