Montana's Residency Requirements

Either spouse must have been a Montana resident for 90 days or more before filing the divorce papers.

Montana's Grounds for Divorce

Montana residents may file for divorce under only no-fault grounds.

Montana's no-fault grounds is:

• irreconcilable differences
• living separate and apart for 180 days or more

Montana's Child Custody Guidelines

Divorcing parents are allowed to collaborate on a child custody arrangement. If the parents cannot reach a decision, a Montana court will make a ruling.

Montana courts consider factors such as:

• developmental needs of the child
• wishes of the child, if of a sufficient age and capacity
• the child's adjustment to the community, school, and home

Montana's Child Support Guidelines

If the parents cannot agree on the amount of child support and the paying parent, child support will be decided by state-specific calculations and guidelines.

Montana courts consider factors such as:

• each parent's financial resources and income
• the standard of living experienced by the child during the marriage
• any child care costs

Montana's Spousal Support Guidelines

Spousal support can be paid in one lump sum, in installments, or periodically. The spouses may determine the spousal support amount and payment schedule, or the courts may award spousal support.

Montana courts consider factors such as:

• the needs of each spouse
• duration of the marriage
• each spouse's earning capacity and financial resources
• the standard of living experienced during the marriage

Montana's Property Division Guidelines

Montana has adopted equitable distribution guidelines, which means all property (including gifts and inheritances) will be divided as fairly and equally as possible. Spouses may collaborate on the property distribution, but if they are unable to agree the courts will make a ruling.

Montana courts will consider factors such as:

• duration of the marriage
• each spouse's financial resources and employability
• any custodial arrangements
• each spouse's contribution to the property, including acquisition and upkeep

Montana's Venue Guidelines

A petitioner may file the divorce forms in their county of residence.