Top 5 Montana Divorce Laws

The top 5 things everyone should know about Montana divorce laws.


One of the spouses must be a resident of Montana for 90 days immediately prior to filing. Montana divorce laws that the dissolution of marriage should be filed for in the county where the petitioner has been a resident for the previous 90 days. [Montana Code Annotated; Section 25, Title 2-118 and Section 40, Title 4-104].

There are mainly two conditions under which divorce in Montana will grant a divorce. In order to file for divorce in Montana, the proper grounds must first be established. Both spouses are involved and play an active role in establishing these grounds, and both must substantiate and agree upon these, unless the divorcing spouse is trying to prove otherwise to the court.

“Parenting” is now the legal terminology in use in Montana to describe the concept of custody. “Parenting Plans” are now the Montana description of child custody arrangements. Sole or joint parenting is awarded based on the best interests of the child and upon a consideration of various Montana divorce law factors.

A portion of the parents’ property may be set aside in a trust fund for the support of the children. A parent may be ordered to provide health insurance coverage for a child if such coverage is available at a reasonable cost. There are uniform child support guidelines adopted by the Department of Public Health and Human Services that are to be considered by the court in which Montana divorce papers were filed.

If there are minor children, one spouse denies the marriage is irretrievably broken, and one or both spouses with to attempt an amicable settle of their differences, Montana divorce law states that the court may delay the proceedings for 30 to 60 days and refer the spouses to a psychiatrist, a physician, an attorney, a social worker, a pastor or director of religious domination to which the spouses belong or any other person who is competent and qualified in personal counseling.

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