Everything to Know About Divorce in Montana
- Prerequisites
- How to file for divorce
- Cost of divorce & filing fees
- Property, assets & debt division
- Spousal support (alimony)
- Child support & custody
- Military divorce
- Legal separation and annulment
- E-filing
- After divorce
- Legal help and divorce resources
If you’re facing a divorce in Montana, it can be hard to know where to begin. This guide will walk you through the process, what’s required, and where to get help so you can move forward with clarity.
Prerequisites
Residency requirements
At least one spouse must have lived in the state for 90 days before filing for divorce. If you have children, the minor children must be living in the state for at least 6 months before you can file for divorce.
Grounds for divorce
Montana is a no-fault state. You simply need to state that the marriage is irretrievably broken. There’s no need to prove wrongdoing.
Waiting period & separation
There’s no waiting period or separation requirement before filing in Montana. You or your spouse should generally reside in the state, but specific durations aren’t strictly required by statute.
How to file for divorce in Montana
- Fill out a Petition for Dissolution. You can file jointly or individually.
- Submit to your local district court. Filing is done through the Clerk of Court.
- Serve your spouse. If not filing jointly, the non-filing spouse must be legally served.
- Attend a hearing. If everything is uncontested, the judge may grant your divorce without much delay.
Cost of divorce & filing fees
- Filing fee: $253
- Fee waivers available: Montana fee waiver form
- Additional costs may include service of process, document preparation and filing, and legal help.
Property, assets & debt division
Montana follows equitable distribution rules of property division:
- Marital property is divided fairly (not always equally).
- Non-marital property (gifts, inheritances, pre-marital assets) typically stays with the original owner.
Spousal support (alimony)
Alimony in Montana is awarded by formal request based on:
- Length of the marriage
- Each spouse’s ability to meet financial needs
- Education and job history
- Contributions to the household or career of the other spouse
Child support & custody
Custody is determined based on the child’s best interests. Factors include:
Support is based on both parents’ income. Montana provides a child support calculator through the Office of Child Support.
Military divorce
Military families follow the same filing process, with a few federal protections:
- The Servicemembers Civil Relief Act may delay proceedings.
- Montana courts often allow remote testimony if one spouse is deployed.
Legal separation and annulment
- Legal separation is allowed in Montana and follows a similar process to divorce.
- Annulments are rare and granted only when the marriage was invalid from the start.
E-filing
Montana does not currently allow full e-filing for family law in all counties, but check your county clerk’s site for updates.
After divorce
Make sure to update the following (see our full list here):
- Name changes, using your change documented in your decree (or request one now)
- Health insurance for you and any dependents
- Beneficiaries on accounts
- Parenting plans need regular updates
Legal help and divorce resources
Divorce in Montana doesn’t have to be confusing. Knowing what steps to take—and when—can save you time, money, and emotional energy. We'd love to answer some questions, so schedule a free intro call right now.
