Divorce Laws in Montana: Complete 2026 Guide

Montana is exclusively a no-fault divorce state. Under MCA § 40-4-104, the only ground for dissolution of marriage is the irretrievable breakdown of the marriage. This means you do not need to allege or prove that your spouse committed adultery, abandonment, cruelty, or any other marital misconduct to obtain a divorce. The no-fault approach streamlines the process and eliminates the need for adversarial blame. To establish an irretrievable breakdown under MCA § 40-4-107, the petitioning spouse must state in the petition that the marriage is irretrievably broken. Additionally, the petition must assert one of two conditions: (1) the spouses have lived separate and apart for a continuous period of more than 180 days immediately preceding the filing, or (2) there is serious marital discord that adversely affects the attitude of one or both parties toward the marriage, with no reasonable prospect of reconciliation. If one spouse denies that the marriage is irretrievably broken, the court has the discretion to continue the proceedings for up to 60 days and may recommend that the parties attend counseling to verify whether reconciliation is possible. However, if after this period the court still finds the marriage to be irretrievably broken, it will proceed with the dissolution. A spouse cannot ultimately prevent the other spouse from obtaining a divorce in Montana. While Montana does not recognize traditional fault-based grounds, evidence of conduct such as domestic violence or substance abuse may still be relevant to other issues in the case — particularly child custody (parenting plans) and the equitable division of property. For example, the dissipation of marital assets through gambling or substance abuse may influence how property is divided under MCA § 40-4-202.

To file for divorce in Montana, at least one spouse must have been domiciled in the state — or stationed in Montana as a member of the armed services — for a minimum of 90 days immediately preceding the filing of the petition. This requirement is codified in MCA § 40-4-104 and MCA § 25-2-118. If neither spouse meets the 90-day residency threshold, Montana courts lack jurisdiction to hear the case. The divorce petition must be filed in the District Court of a county where venue is proper. Proper venue is typically the county in which either spouse has lived for at least 90 days. If the spouses reside in different counties, the petitioner may generally file in either county. When children are involved, venue may also be proper in the county where the children have significant connections, such as where they attend school or receive medical treatment. For matters involving minor children, there is a separate, additional jurisdictional requirement. Under MCA § 40-4-211, the children must have resided in Montana for at least six months before the court can exercise jurisdiction over custody (parenting) issues. There are limited exceptions, primarily related to safety concerns for the children or a parent. Military families should note that being stationed in Montana satisfies the residency requirement for both the service member and their spouse. If you do not yet meet the residency requirement, you have several options: wait until you satisfy the 90-day period, have the other spouse file if they meet the requirement in Montana or another state, or file in a different state where residency requirements are met.

Montana is an equitable distribution state. Under MCA § 40-4-202, the court is required to equitably apportion all property belonging to either or both spouses, regardless of when the property was acquired and regardless of how title is held. This includes property acquired before the marriage, during the marriage, and even property titled solely in one spouse's name. The court's goal is a fair division — not necessarily an equal 50/50 split. In making its apportionment, the court considers numerous factors as set forth in MCA § 40-4-202, including: the duration of the marriage and any prior marriages; the age, health, station, occupation, income, vocational skills, employability, estate, liabilities, and needs of each spouse; the custodial provisions for children; whether the property division is in lieu of or in addition to maintenance (alimony); and each spouse's opportunity for future acquisition of capital assets and income. The court must also consider the contribution or dissipation of value of the respective estates and the contribution of a spouse as a homemaker to the family unit. For property acquired before the marriage, property received as a gift or inheritance, or property acquired after a decree of legal separation, the court applies additional considerations. While this property is still subject to division, the court must weigh the contributions of the other spouse to the marriage, including contributions as a homemaker or to the family unit, when deciding how to allocate such assets. Notably, Montana courts are prohibited from considering marital misconduct (e.g., adultery or infidelity) when dividing the marital estate. However, the economic consequences of misconduct — such as a spouse who dissipated marital assets through gambling, substance abuse, or spending on an extramarital affair — may be considered. Both spouses are required to exchange Preliminary Declarations of Disclosure of Assets, Debts, Income, and Expenses within 60 days of service (MCA § 40-4-252), and an automatic economic restraining order (MCA § 40-4-126) goes into effect upon filing to prevent either spouse from dissipating marital assets.

Spousal support in Montana is called 'maintenance' and is governed by MCA § 40-4-203. Unlike some states, Montana does not use a formula or calculator to determine maintenance — judges have broad discretion based on statutory factors. Maintenance is not automatic and is only awarded when the requesting spouse demonstrates both: (a) that they lack sufficient property, including marital property apportioned to them, to provide for their reasonable needs; and (b) that they are unable to support themselves through appropriate employment or are the custodian of a child whose condition makes it inappropriate to seek outside employment. When determining the amount and duration of maintenance, the court considers several factors under MCA § 40-4-203(2), including: the financial resources of the spouse seeking maintenance, including marital property awarded in the divorce and any child support received; the time necessary for the spouse to acquire sufficient education or training to find appropriate employment; the standard of living established during the marriage; the duration of the marriage; the age and physical and emotional condition of the spouse seeking maintenance; and the ability of the paying spouse to meet their own needs while also paying support. Montana expressly prohibits courts from considering marital misconduct when making maintenance decisions. The goal of maintenance is to ensure both spouses are similarly situated financially — not to punish either spouse. Maintenance can be temporary (lasting only during the divorce proceedings), short-term (rehabilitative, to allow a spouse to gain education or job skills), or long-term/permanent (lasting until the recipient spouse dies or remarries). Either spouse may request a modification of maintenance by demonstrating a substantial change in circumstances that makes the original terms unconscionable (MCA § 40-4-208). If the maintenance order is designated as nonmodifiable by the court or by written agreement, neither party may seek a change.

Montana law no longer uses the traditional terms 'custody' and 'visitation.' Instead, the state uses the concept of 'parenting' and requires the creation of a 'Parenting Plan' in every divorce involving minor children. This language shift reflects Montana's strong policy favoring the active involvement of both parents in their children's lives. Under MCA § 40-4-234, the Final Parenting Plan is intended to protect the best interests of the children, clarify parental authority and responsibility, and help prevent future court actions. The standard for all parenting decisions in Montana is the 'best interest of the child,' as defined in MCA § 40-4-212. The court considers a wide range of factors, including: the wishes of the parents; the wishes of the child; the interaction and interrelationship of the child with parents, siblings, and other significant persons; the child's adjustment to home, school, and community; the mental and physical health of all individuals involved; evidence of physical abuse or threat of abuse by one parent against the other or the child; chemical dependency or abuse by either parent; continuity and stability of care; the developmental needs of the child; whether a parent has knowingly failed to pay birth-related costs or child support; and the adverse effects on the child from continuous and vexatious parenting plan amendment actions. Montana law creates a rebuttable presumption that frequent and continuing contact with both parents is in the best interest of the child (MCA § 40-4-212). Ideally, both parents will spend close to equal time with the child when it is in the child's best interests. If a parent seeks to restrict or limit the other parent's contact, they must present evidence to the court demonstrating why such limitation serves the child's best interests. Parents are encouraged to agree on a Parenting Plan voluntarily. If they cannot agree, the judge will hear both sides and fashion a plan consistent with the child's best interests. The court may also order mediation to help parents resolve parenting disputes. A Parenting Plan may be amended after entry only upon a showing of a change in circumstances and that the amendment is necessary to serve the child's best interest (MCA § 40-4-219). Military service of a parent, standing alone, may not be used as a basis for determining the best interest of the child.

To file for divorce in Montana, you begin by preparing the required documents, primarily the Petition for Dissolution of Marriage. Montana offers different petition forms depending on your circumstances — for example, a Joint Petition if both spouses agree (with or without minor children), or a standard Petition if only one spouse is filing. Key forms include the Petition for Dissolution (Forms MP 112, MP 113, MP 115, or MP 116, depending on your situation), Declarations of Disclosure of Income and Expenses, a Vital Statistics form, and — if children are involved — a proposed Parenting Plan and a Child Support Guidelines Worksheet. Free forms and step-by-step instructions are available from the Montana Judicial Branch website (courts.mt.gov) and Montana Law Help (montanalawhelp.org). Once your forms are complete, you must file them with the Clerk of the District Court in the county where venue is proper (generally where either spouse has resided for the past 90 days). Prepare three sets of documents: the original for the court, one copy for your records, and one copy to serve on your spouse. You will need to pay the filing fee at the time of filing — typically around $200 to $250 (approximately $200 for the filing fee plus a $50 judgment fee, though fees vary by county). If you cannot afford the fee, you may request a fee waiver by filing a 'Statement of Inability to Pay Court Costs and Fees,' which a judge must approve. After filing, you must serve your spouse with copies of the filed documents and a Summons. Service is most commonly accomplished through the county sheriff or a private process server. Once served, the respondent has 21 days to file a Response. If the divorce is uncontested, you may be able to avoid a formal court hearing by filing an 'Affidavit for Entry of Decree for Dissolution of Marriage Without Hearing' after the 21-day waiting period. The judge will review the paperwork, and if everything is in order, the judge will sign the final Decree of Dissolution. If there are unresolved issues, the case proceeds to contested proceedings, which may include mediation and ultimately a trial. Upon filing a dissolution petition, an automatic economic restraining order (MCA § 40-4-126) takes effect, prohibiting both parties from transferring, hiding, or disposing of marital property except for ordinary living expenses or necessary business transactions. Both parties must also exchange financial disclosure documents within 60 days of service. Divorce cases in Montana — formally called 'Dissolution of Marriage' proceedings — are filed in and handled by the Montana District Courts. The District Court is the state's court of general jurisdiction, and it has exclusive original jurisdiction over family law matters including divorce, legal separation, annulment, parenting plans, child support, and spousal maintenance. Montana has 56 counties, and each county has a District Court. You must file in the District Court of a county where venue is proper, which is typically where either spouse resides. Montana's court system has a straightforward hierarchy. The District Courts serve as the trial courts where divorce cases are initiated, evidence is presented, and the judge issues the final Decree of Dissolution. Above the District Courts sits the Montana Supreme Court, which is the state's highest appellate court. There is no intermediate Court of Appeals in Montana — appeals from District Court decisions go directly to the Montana Supreme Court. If you disagree with the District Court's ruling on any aspect of your divorce, you would appeal directly to the Supreme Court. Each District Court has a Clerk of Court who handles administrative functions such as accepting filings, collecting fees, and maintaining court records. The Clerk's office is where you will file your Petition and other documents. Many Montana counties also have Self-Help Law Centers (such as the one in Gallatin County) or access to online resources through the Montana courts website and Montana Legal Services Association, which can assist self-represented litigants with forms and procedural guidance. The Montana courts' website (courts.mt.gov) provides a 'What Form Do I Need?' questionnaire tool to help filers identify the correct forms for their situation.

Montana imposes a mandatory waiting period before a divorce can be finalized. Under Montana law, the court cannot enter a final Decree of Dissolution until at least 21 days have passed after the respondent spouse has been served with the divorce papers (the Petition and Summons). This 21-day period allows the non-filing spouse time to respond and also provides a cooling-off period for possible reconciliation. If one spouse denies that the marriage is irretrievably broken, the court may order a continuance of up to 60 days and may recommend or require the parties to attend counseling. This additional delay is at the court's discretion under MCA § 40-4-107 and is intended to determine whether there is a genuine possibility of saving the marriage. If, after the continuance, the court finds that the marriage remains irretrievably broken, it will proceed to enter the decree. In practice, uncontested divorces in Montana can be finalized in as little as 20 to 30 days after service, assuming both parties agree on all terms and the paperwork is in order. However, court scheduling and caseload typically mean that uncontested cases take 30 to 90 days. Contested divorces, particularly those involving significant disputes over property, parenting, or support, can take several months to well over a year to resolve. Montana does not require a mandatory separation period before filing — you can file for divorce while still living under the same roof, as long as you can establish grounds of irretrievable breakdown.