Montana Divorce Law

Complete Overview of of the Montana Divorce Laws

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Montana Divorce Law

Important Montana Divorce Guidelines to File for a Divorce

Montana Residency Requirements For Divorce

Either spouse must be a resident of Montana for ninety days before filing Montana divorce forms.

Grounds For Divorce In Montana

Montana recognizes two no-fault divorce grounds:

  • serious marital discord and no reasonable prospect of reconciliation (irreconcilable differences);
  • living separate and apart for 180 days prior to filing;
Montana Child Custody

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:

  • wishes of the child’s parent or parents;
  • wishes of the child if child is sufficiently mature;
  • bond between child and parent and other siblings;
  • child’s adjustment to home, school, and community;
  • mental and physical health of all individuals involved;
  • developmental needs of the child.
Montana Child Support Guidelines

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.