Marriage & Divorce Laws in Montana

Montana Finances, Property and Support

Other Important Topics about Divorce in Montana 

Important Information About Divorce in Montana

What is the waiting period for divorce in Montana? No waiting period.

Do you need to be separated before filing for divorce in Montana? If so, how long? No.

How is property divided in Montana (e.g., separate property/equitable distribution)? Equitable distribution.

What is the filing fee for divorce in Montana? $253.

Is a joint petition possible in Montana? Yes. https://courts.mt.gov/forms/dissolution/jointkid

How can you waive the filing fee in Montana? Fill out a fee waiver form: https://courts.mt.gov/external/forms/dissolution/FeeWaiver.docx

What are the annulment rules in Montana? A spouse may seek annulment if the marriage is invalid for reasons such as:

• Bigamy

• Underage

• Related

• Lack of capacity

• Duress/fraud/force

Is there a faster way to divorce (e.g., summary dissolution) in Montana? Summary Divorce. Must have no children, the wife cannot be pregnant, and the couple cannot have more than $25,000 in assets or more than $8,000 in unsecured debt.

What are the divorcing parties called in Montana? Petitioner/Respondent.

What methods are available to serve the petition in Montana, and can the respondent waive service? Montana allows service via sheriff, mail with acknowledgment, or publication (with court permission).

What are the residency requirements for divorce in Montana? One spouse must reside in the state for 90 days prior to filing. If children are involved, they must reside in the state for at least 6 months.

Does it matter who files first in Montana? No.

What is the deadline for responding to a divorce petition in Montana? 21 days.

Are the parties required to go to court in Montana? You must attend a court hearing to finalize the divorce decree unless it is uncontested.

Are there requirements before filing or finalizing a divorce in Montana (like classes)? No.

Is separation required before finalizing your divorce in Montana? No.

Is Montana a no-fault divorce state? Yes.

Is permanent alimony/spousal support available in Montana? Yes, but not common.

What are the rules for alimony/spousal support in Montana? Support depends on the financial resources and employment potential of the supported spouse and the time necessary to obtain education or training for employment.

What are the child support rules in Montana? Detailed guidelines available here: https://dphhs.mt.gov/assets/cssd/guidelinesandindex20191.pdf

What are the military divorce rules in Montana? Either spouse must have domicile or be stationed in Montana for at least 90 days before filing.

Is there an official spousal support calculator in Montana? No.

Is there an official child support calculator in Montana? Yes. https://dphhs.mt.gov/cssd/services/guidelines

When can you file taxes as a single person in Montana? If divorced or legally separated on or before December 31st.

Can parties legally separate in Montana? If so, how? Yes, by filing a Petition for Legal Separation with the court.

Where do you file for divorce in Montana? District Court in the county where either spouse has lived for the past 90 days.

What are the rules for filing for divorce in Montana?

1. Meet residency requirements.

2. State the marriage is irretrievably broken.

What are the primary divorce documents called in Montana? Dissolution of Marriage.

Can you change your name during the divorce process in Montana? If so, how? Yes, by including the name change request in the divorce decree.

Can you finalize your divorce while pregnant in Montana? Not usually.

If you can't divorce while pregnant, how can you finalize divorce after pregnancy in Montana? You may file, but likely can't finalize until after pregnancy. https://courts.mt.gov/Portals/189/library/forms/end_marriage/dis_wc/all.pdf

How do you end a domestic partnership in Montana? If your county recognizes domestic partnerships, find the form/process required to unregister: https://benefits.mt.gov/Resources/Forms

Are financial disclosures required in Montana? If so, explain. Yes, both spouses must file Financial Affidavits disclosing assets, debts, income, and obligations.

Is there free legal help for divorce in Montana? Yes. https://courts.mt.gov/selfhelp/ and https://courts.mt.gov/forms/end_marriage

Is common law marriage recognized in Montana? Yes, common law marriage is not strictly prohibited. https://www.ncsl.org/research/human-services/common-law-marriage.aspx

Is e-filing available in Montana? Yes. https://courts.mt.gov/courts/efile/

Are you required to appear in court at any point during the divorce process in Montana? Usually yes, but uncontested divorces can be finalized without a court hearing using an affidavit.

Sources:

https://courts.mt.gov/