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Montana Divorce Laws

In Montana, the legal name for divorce is "dissolution." The court can give you a dissolution even if your spouse does not want one. In order to file for a divorce or dissolution under Montana's divorce laws, you must meet residency requirements for the court to accept the case. One person must have been a resident of the state or was stationed in the state while a member of the armed services and the domicile or military presence has been maintained for 90 days before filing for divorce.

This article provides a brief overview of the divorce laws in the state of Montana.

Montana Divorce Laws: At a Glance

The following table outlines the basic divorce laws in Montana. See Details on State Requirements for DivorceDivorce and Out-of-Court Proceedings: Alternative Dispute Resolution, and An Overview of Fault and No-Fault Divorce Law to learn more.

Code Section

 § 40-4-101 et seq. of the Montana Code

Residency Requirements

One party must be domiciled in Montana for 90 days

Waiting Period

Parties must have lived separate and apart 180 days before filing and the decree cannot be entered for at least 21 days after the service of process

'No-Fault' Grounds for Divorce

Irretrievable breakdown; separation (180 days) or serious marital discord

Defenses to a Divorce Filing


Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Research the Law

Montana Divorce Laws: Related Resources

Get Professional Help With Your Montana Divorce Today

While going through the process of a divorce is never easy, especially when you have children together, you don't have to handle it alone. Even though Montana is a "no-fault" divorce state (as all states are), there are still plenty of legal hurdles you may have to handle.

Get started on your future today by speaking with a Montana divorce lawyer.

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