Butte sits in Silver Bow County, a consolidated city-county since 1977, and divorce cases here run through Montana's Second Judicial District Court. If you live in Butte and need a divorce lawyer, your case will be filed, heard, and decided at the Butte-Silver Bow Courthouse in historic Uptown Butte. This page covers exactly where Butte residents file, what it costs in 2026, how long it takes, and the Montana statutes that govern property, support, and parenting.
Key Facts: Divorce in Butte, Montana (2026)
| Item | Detail |
|---|---|
| County | Silver Bow County (consolidated Butte-Silver Bow) |
| Filing court | Clerk of District Court, Second Judicial District |
| Court address | 155 W. Granite St., Room 313, Butte, MT 59701 |
| Filing fee (2026) | $250 ($200 filing + $50 judgment fee) |
| Residency requirement | 90 days in Montana before filing |
| Waiting period | 21 days minimum after service |
| Property model | Equitable distribution (not community property) |
How do I file for divorce in Butte, Montana?
To file for divorce in Butte, submit a Petition for Dissolution of Marriage to the Clerk of District Court at 155 W. Granite St., Room 313, and pay the $250 fee in 2026. Montana is a no-fault state, so you allege the marriage is irretrievably broken rather than proving wrongdoing.
The process starts with the petition under MCA § 40-4-104. You state that one spouse has been domiciled in Montana for at least 90 days and that the marriage is irretrievably broken, shown either by living apart for more than 180 days or by serious marital discord. After filing, you must serve your spouse, who has 21 days to file a verified Response under MCA § 40-4-105. Self-help dissolution forms are free at courts.mt.gov and montanalawhelp.org, and Clerk staff can hand you the packet, though under §§ 3-1-601 and 7-4-2210 MCA they cannot give legal advice or fill out documents for you.
Where do I file for divorce in Butte? (which courthouse)
Butte residents file at the Butte-Silver Bow Courthouse, 155 W. Granite St., Room 313, Butte, MT 59701, the home of the Clerk of District Court for the Second Judicial District. The Clerk's office can be reached at (406) 497-6350. This is the only courthouse where a Butte divorce is filed and heard.
The courthouse stands in Uptown Butte, the city's historic core on the hillside northwest of the valley, within the Uptown Historic District. Do not confuse it with the Mike Mansfield Federal Courthouse, which handles federal matters only and has nothing to do with a state dissolution. Under MCA § 25-2-118, proper venue is any county where either spouse lived during the 90 days before filing, so if your spouse moved to a neighboring county such as Deer Lodge or Jefferson, you may still file in Silver Bow County if you have resided in Butte. The Clerk is the custodian of all District Court records, both paper and electronic, and also serves as jury commissioner and passport agent for the county.
How much does a divorce lawyer cost in Butte?
A Butte divorce lawyer typically charges $200 to $350 per hour, and a contested case commonly runs $7,000 to $15,000 in total. An uncontested divorce where both spouses agree costs far less, often $1,500 to $3,500 in attorney fees, plus the mandatory $250 court filing fee.
The cost gap between contested and uncontested cases is the single biggest variable. If you and your spouse agree on property, debt, and parenting, much of the lawyer's work is drafting a settlement and decree, which keeps fees low. A contested case involving disputed assets, a custody fight, or hearings before the District Court judge multiplies attorney hours quickly. Additional Butte-area costs include service of process ($50 to $100 with a private process server, less through the Silver Bow County sheriff), certified copies of the final decree ($3 to $5 each), and the respondent's $70 answer fee if your spouse files a Response. Mediation, sometimes ordered in contested parenting disputes, typically adds $100 to $300 per hour split between the parties. Estimate your range with our divorce cost estimator.
How long does a divorce take in Butte?
The fastest a Butte divorce can finish is about 21 days after service, the statutory minimum waiting period before a District Court judge may enter a decree. In practice, an uncontested case typically takes 60 to 120 days, while a contested case in the Second Judicial District often runs 8 to 18 months depending on the docket and disputes.
The 21-day floor under MCA § 40-4-105 gives the respondent time to answer; the decree cannot issue earlier even if both spouses agree immediately. Truly uncontested cases move once the settlement agreement and proposed decree are submitted, usually clearing in two to four months. Contested matters take longer because they require temporary orders, financial disclosure, possible mediation, and sometimes a final hearing before the judge. Cases involving minor children add time, since the children must have lived in Montana at least six months for the court to decide parenting under MCA § 40-4-211, and the court must approve a parenting plan that meets the best-interest standard.
What are the residency requirements to file in Silver Bow County?
To file for divorce in Silver Bow County, at least one spouse must have been domiciled in Montana for 90 days immediately before filing, under MCA § 40-4-104. This is a jurisdictional rule: if neither spouse meets the 90-day threshold, the District Court has no authority to grant the divorce.
The calculation is direct. If you moved to Butte on January 1, you may file on or after April 1. Active-duty military stationed in Montana satisfy the domicile requirement the same way. You do not need to have lived in Silver Bow County specifically for 90 days; the residency clock counts time anywhere in Montana, and venue is then set by where either spouse resided during the 90 days before filing under MCA § 25-2-118. For parenting jurisdiction, a stricter rule applies: minor children generally must have lived in Montana for at least six months before the court can issue a parenting plan, under MCA § 40-4-211.
How is property divided in a Butte divorce?
Montana is an equitable-distribution state, so a Silver Bow County judge divides marital property fairly but not necessarily 50/50, under MCA § 40-4-202. The statute reaches all property of either spouse, however and whenever acquired, and the court does not consider marital misconduct such as infidelity when dividing the estate.
This broad reach surprises many people: property titled in only one spouse's name, and even some assets brought into the marriage, fall within the marital estate the court may apportion. Judges weigh the duration of the marriage, each spouse's age, health, occupation, income, vocational skills, employability, and needs. Debts are divided the same way as assets. Because the District Court has wide discretion here, two similar Butte couples can receive different outcomes based on the specific facts. Spousal maintenance, when awarded, is decided separately under Montana's maintenance statute and turns on need and ability to pay. Run preliminary numbers with our alimony estimator before you negotiate.
How does child custody work for Butte parents?
Montana uses parenting plans rather than the older word custody, and a Second Judicial District judge decides them by the best-interest-of-the-child standard under MCA § 40-4-212. The statute lists multiple factors the court must weigh, including each parent's wishes, the child's relationships, and the child's adjustment to home, school, and community in Butte.
The parenting plan sets the residential schedule, holidays, decision-making responsibility, and the designation of a parent as custodian for purposes of other state and federal laws under MCA § 40-4-234. Montana courts apply the same best-interest factors whether the parents were married or not. Plans can later be amended under MCA § 40-4-219, but the court treats some quick re-filings as vexatious to discourage gamesmanship. Child support is calculated under Montana's child support guidelines, which weigh both parents' incomes and the parenting schedule; estimate yours with our child support calculator.