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Montana Residency Requirements For Divorce
Either spouse must be a resident of Montana for ninety days before filing Montana divorce forms.
Montana recognizes two no-fault divorce grounds:
Divorcing parents must file a "Parenting Plan" with the court. This plan outlines in detail the terms of each parent’s rights and responsibilities concerning their children’s residential and parental placement. If parents cannot decide how to resolve child custody issues, then the court will make a determination according to the best interests of the child.
The following are some of the factors that the should be considered in any custody decision:
Unless special circumstances are present, the courts calculate child support based on the official child support guidelines. Child support will continue until the child reaches adulthood, and may be extended through his or her secondary education.
Montana divorce papers may be filed in the petitioner’s county of residence.
The court may order parents to participate in mediation to resolve parenting plan disputes. The parties may agree to submit any or all disputed issues to mediation at any time.
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