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Montana Divorce Laws

If you're considering divorce, 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.

Here, we'll discuss Montana's basic divorce laws and explain how the state handles issues such as alimony, child custody, and property division. Below is a chart that breaks down the critical Montana divorce laws.

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

Legal Requirements for State of Montana Divorce

You must meet Montana's residency requirements before filing your divorce petition. According to Montana Statute Section 25-2-118, you must live in-state for at least 90 days before starting a divorce action.

Montana also has a mandatory 21-day waiting period. The family law 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.

No-Fault Divorce vs. Fault-Based Divorce

Montana is a no-fault divorce 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.

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:

If you cite adultery or extreme cruelty in your petition, you must still certify that there's been a breakdown of the marriage.

The judge will treat your case the same way they do a no-fault divorce case. But if you show abuse or neglect, it may affect the custody of the minor children and your parenting plan.

Uncontested Divorce and Contested Divorce Cases

There are two types of divorce cases — uncontested and contested. The parties agree to the material divorce terms in an uncontested divorce case. If so, you and your spouse can file a joint dissolution petition. This streamlines the divorce process.

You can attach a copy of your marital settlement agreement. This document outlines the terms of your divorce. The judge will review and (hopefully) approve your settlement agreement. Then, once 21 days pass, the judge can issue your decree of dissolution of marriage.

In a contested divorce, the parties disagree on the divorce terms. Sometimes, the respondent challenges the divorce. Perhaps they disagree that you're experiencing irreconcilable differences. Or they may make their demand for custody and alimony.

In contested divorces, the parties don't have a marital settlement agreement. The district court will have an initial court hearing to determine where the parties are in the way of a settlement. The judge will review the legal issues and set a date for trial.

Your divorce attorney will ideally negotiate a settlement with your spouse's lawyer. Some of the issues they must discuss include:

  • Alimony or spousal support
  • Child custody
  • Child support
  • Division of marital property

Your case will go to trial if your attorney can't negotiate a settlement with your spouse's lawyer. Once this happens, the judge will decide these issues for you. It's best to resolve these matters between the two of you. Once you put the case in the judge's hands, you will have no say in the division of property, child custody, and other divorce issues.

Montana Divorce Laws: At a Glance

The following table outlines Montana's basic divorce laws. To learn more, 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.

Code section

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

Residency requirements

90 days

Waiting period

21 days

No-fault grounds for divorce

Irretrievable breakdown; Separation of 180 days

Note: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult a Montana divorce attorney or conduct legal research to verify your state's laws.

Get Professional Help With Your Montana Divorce Today

The divorce process is never easy, especially when you have children. You have every right to handle your divorce case alone. But with so much at stake, it's best to consult an experienced Montana divorce lawyer.

Not only does your divorce attorney know the law, they also know how to navigate the Montana family courts. They'll guide you through the divorce proceedings and protect your best interests.

Research the Law

Montana Divorce Laws: Related Resources

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