Montana State Divorce Law

Montana law requires those filing a Petition for Dissolution of Marriage in a District Court to be a resident of the state for 90 days prior to the date of filing.

Montana Grounds for Divorce

The only legal grounds for divorce in Montana are no-fault grounds.

Uncontested Divorce in Montana

An uncontested divorce in Montana is filed jointly by the parties involved.

In addition, Montana provides for a simpler Summary divorce process; however, there are a number of conditions that must be met in order to take advantage of this process:

• A 90-day residence requirement for at least one party
• Both agree that irreconcilable differences is the cause
• There are no children, the wife is not pregnant, and the parties have agreed upon a plan for custody and child support
• There are no real estate interests
• There are no unsecured or unpaid debts over $8,000
• Total assets do not exceed $25,000
• There is an agreement concerning division of property and bill payment
• There are no claims for spousal support
• There are no rights to appeal
• Both parties refuse help from county conciliation court
• Both parties agree they want the court to dissolve the marriage

Contested Divorce in Montana

Those parties who are unable to agree on the elements of divorce will face a contested divorce. This is a much slower and more costly procedure, and it may require the representation of a skilled divorce attorney.

Annulment in Montana

An annulment is the legal process for declaring a marriage null and void. Annulment is rare in Montana and elsewhere because it is so difficult to prove the grounds, which are as follows:

• Fraud
• Mental illness that is affecting the married life
• Bigamy and polygamy
• Incest
• Physical disability

No Fault Divorce in Montana

The only grounds for filing a Petition of Dissolution of Marriage in Montana are no-fault grounds, which include:

• Proof that the marriage is irretrievably broken
• Living separate and apart for 180 days or more before filing
• Serious marital discord that adversely affects either or both parties

Montana Fault Divorce

Montana has no processes for filing a fault-based divorce.

Montana Divorce and Child Custody

Child Custody Laws

The best interests of the child are the primary grounds for determining custody orders. However, there are additional factors that the court considers:

• The parents’ wishes
• The child’s wishes
• The child’s relationship with parents, siblings, and other significant people who have an effect on the child’s best interests
• The child’s adjustment to their home, school, and community
• The physical and mental condition of all parties
• Any evidence of physical abuse
• Any evidence of chemical dependency or abuse
• Ongoing stability for the child
• The child’s developmental needs
• Unpaid birth-related expenses
• Either parent’s failure to support the child when such support was possible
• Either parent’s willingness to facilitate the child’s contact with the other parent
• The parties’ continuing amendments to parenting plan agreements that adversely affect the child

Child Alimony

Child support can be ordered for either or both parties in Montana courts, based on a number of factors:

• The child’s assets
• The standard of living the child would have enjoyed apart from the divorce
• The child’s emotional, physical, and educational needs and conditions
• The parents’ assets, needs, and obligations
• The cost of daycare
• The parties’ parenting plan
• Other child support obligations of either parent
• The provisions agreed upon for child health and medical insurance
• Either parent may also be ordered to provide health insurance coverage for the child if a reasonable plan is available through their employer or other organization.

Parents in Montana use Child Support Worksheets to calculate support estimates.

Montana Divorce Spousal Support

Spousal support can be ordered when necessary, based on the following factors:

• The resources of the dependent party and the possibility of their becoming self-sufficient
• The time necessary for the dependent party to become equipped for appropriate employment
• The standard of living during the marriage
• The length of the marriage
• The age and condition of the dependent party
• The supporting party’s ability to meet their own needs as well as the needs of the dependent party

Lump Sum Alimony

Determined at the discretion of the court.

Permanent Alimony

Determined at the discretion of the court

Temporary Spousal Support

Determined at the discretion of the court

Rehabilitative Alimony

Determined at the discretion of the court

Military Divorce in Montana

Spouses in the military are protected by Montana law in several ways:

• Divorce papers must be service to the recipient personally
• If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
• Proceedings may be postponed throughout the party’s service and up to 60 days after
• Direct payment of retirement pay is provided to spouses married 10 years or longer
• Child support is not to exceed 60% of serviceperson’s pay and allowances

Help From A Montana Divorce Lawyer?

The future of an individual or a child could depend on the final resolution of a divorce procedure. It is a vital action that requires the expertise of a divorce attorney to ensure that their rights are protected and their future is assured.