Filing for Divorce in Montana

1. What are the residency requirements for filing for divorce in Montana?  
You or your spouse must have had a residence in Montana or been stationed with the armed services in the state for at least 90 days before filing.  

2. Does Montana have a waiting period?       
No, there is no waiting period in Montana unless one of you denies that your marriage is irretrievably broken (see below).  

3. Does the state have grounds for divorce?  
In Montana, the court must find that your marriage is irretrievably broken, meaning there is no reasonable hope of reconciliation. As evidence of this, you and your spouse must have lived separately for more than 180 days or show that there is serious disagreement that affects you or your spouse’s attitude toward your marriage.  

If one of you denies that your marriage is irretrievably broken, the court may postpone your hearing for 30 to 60 days and suggest that you seek counseling.  

If you both agree that your marriage is irretrievably broken, and you’ve met the conditions above, you may seek a summary dissolution of your marriage (meaning a simpler, faster divorce proceeding). You may be eligible if you meet these additional conditions:

• You are not pregnant.
• You have agreed on a parenting plan for any children you do have.
• The court has addressed child and medical support.
• Neither of you has any real property.
• Neither of you has any unsecured debt greater than $8,000 incurred.
• After your marriage the total fair market value of your assets is less than $25,000.
• You have agreed on how to divide your assets and debts.
• You both waive maintenance (alimony).
• You both have read and understand the court’s summary dissolution brochure.
• You both want the court to grant you a divorce.  

4. How does Montana determine the division of property?    
You and your spouse are encouraged to come up with a settlement on your own and present it to the court. If you can’t agree, the court will divide your property for you.  

The court will look at all of the property owned by you and your spouse, regardless of how and when it was acquired or whose name is on the title. It will divide your property in whatever way it decides is most fair. Any marital misconduct will not be a part of the court’s decision here.  

In deciding how to divvy things up, the court will take into consideration:

• How long you were married.
• Whether either of you was married previously.
• You and your spouse’s ages and health.
• You and your spouse’s lifestyles and occupations.
• You and your spouse’s amounts and sources of income.
• You and your spouse’s skills and employability.
• You and your spouse’s estates, debts and needs.
• Anything awarded to either of you related to child custody.
• Whether property is being awarded in addition to or instead of alimony.
• You and your spouse’s future opportunities to acquire assets or earn income.
• How you or your spouse added to or used your property while you were married.
• Any contributions by one of you as a homemaker.  
  

Certain property is handled differently. Property that you acquired before you were married; property that you acquired by gift or inheritance; property received in exchange for property that you acquired by gift or inheritance; any increase in the value of property that you acquired before you were married; or property that you acquired after you were legally separated is divided in light of the contributions of your spouse toward that property, including:

• Non-monetary contributions as a homemaker.
• The extent to which any contributions from your spouse have helped to maintain this property.
• Whether this property is being awarded instead of alimony.  

The court also may set aside part of your property in a separate fund or trust for the support, education and care of your children.