Divorce in Montana: Laws, Requirements, and Process
A complete guide to getting a divorce in Montana. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Equitable distribution.
- Residency requirement: 90 days in the state.
- Waiting period: 20 days from service of petition.
- Filing fee: $200 - $250.
Grounds for Divorce
Montana allows no-fault divorce. The no-fault ground is: Irretrievable breakdown of the marriage.
Montana is a pure no-fault state. No fault-based grounds are available.
Residency Requirements
90 days in the state.
Property Division
Montana is an equitable distribution state. Montana follows equitable distribution. Courts divide marital property fairly based on the duration of the marriage, the age and health of the parties, the earning capacity of each spouse, the contribution of each spouse to the marital estate, and the needs of each party.
Alimony / Spousal Support
Montana courts may award maintenance when a spouse lacks sufficient property to provide for their reasonable needs and is unable to support themselves through employment. Courts consider the financial resources of the requesting spouse, the time needed for education or training, the standard of living during the marriage, the duration of the marriage, and the age and health of the requesting spouse.
Child Custody
Montana courts determine custody (called a 'parenting plan') based on the best interest of the child. Factors include the wishes of the child and parents, the child's relationship with each parent, the child's adjustment to home and school, and the mental and physical health of all parties.
Child Support
Montana uses the income shares model. Child support is calculated based on both parents' gross incomes, the number of children, and adjustments for health insurance, childcare, and the parenting time schedule.
Filing Fee
The filing fee for divorce in Montana is $200 - $250. Fee waivers may be available for those who cannot afford to pay.
Montana court divorce resources
Related Resources
Frequently Asked Questions
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What are the grounds for divorce in Montana?
Montana is a pure no-fault divorce state. The only ground for dissolution of marriage is the irretrievable breakdown of the marriage. Montana does not recognize fault-based grounds.
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How long do you have to live in Montana to file for divorce?
At least one spouse must have been domiciled in Montana for at least 90 days before filing the petition for dissolution of marriage.
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How is property divided in a Montana divorce?
Montana uses equitable distribution. Courts divide marital property fairly based on the duration of the marriage, each party's contributions, earning capacity, and the needs of each spouse.
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How long does a divorce take in Montana?
Montana has a 20-day waiting period from service of the petition. Uncontested divorces can be finalized in approximately 1 to 3 months. Contested cases can take 6 months or longer.