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.
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.
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.