State Laws

Montana Divorce

     

Montana Divorce Laws
Where divorces in the United States are handled depends on where the individuals have residency. Each state has different residency requirements for filing for divorce. Montana law states that an individual must be a Montana resident for a minimum of ninety days prior to filing for divorce.

The law also states that an individual does not necessary have to currently be a Montana resident to file, nor do both individuals have to reside in state borders. Those who are serving in the United States armed forces are considered to be residents after the ninety days have passed. All the residency requirements are stated in the Montana Code section 25 titles 2-118.

Montana Grounds for Divorce
The United States also requires that individuals have grounds for divorce. These are the reasons or reason why a divorce is requested. One individual may file for divorce but will have to prove the divorcing grounds before the court.

Both spouses may petition for divorce on decided grounds under the law. However these grounds must be legal in the state. Montana has different grounds for divorce than other states. Even if one ground for divorce is legal in another state does not mean it is legal in Montana.

Unlike other states Montana has only one category for which divorces can be based: the No-Fault category. This category states that no particular individual in the marriage is responsible for the disintegration of the marriage. According to Montana code section 40 title 4-104, No-Fault grounds include an irretrievably broken marriage, living in separate residencies for at least one hundred eighty days prior to divorce filing, and the attitude of one or both spouses altering due to a severe marital discord.

Under all of these circumstances the court will not grant a divorce unless evidence is provided.

Necessary Documents
Filing for divorce requires many different kinds of documents. Some of these can exceed into the double digits. All of these documents will be filed through the court clerk's office of the district in which the divorce is filed.

Some of these documents will include a Final Declaration of Disclosure of Assets form, a Marital Settlement Agreement form, a Petition for Dissolution of Marriage and Decree of Dissolution of Marriage, a Notice of Entry of Final Decree form, a Request for Hearing and Order form, and an Income and Expenses form.

Distributing Property
Property can be distributed in various ways. Individuals have the opportunity to divide the property between themselves after the divorce has been filed. If they cannot reach an agreement the court will decide which kind of property goes to which spouse.

Montana is known as an equitable distribution state where the property in a marriage is not required to be distributed evenly. This agreement states that the property need only be distributed fairly between the spouses. The court will consider each individual's personal income, economic status, the custody of any subsequent children, the contribution to the family home, the length of the marriage, educational history, and credit history before awarding property.

See also:
Montana Felony
Montana Gun Laws
Montana Bankruptcy Laws
Montana Misdemeanors External link (opens in new window)
Montana Expungement External link (opens in new window)