Divorce in Montana

Montana is nicknamed The Treasure State, but you may need to learn a bit of Montana divorce laws if your marriage union is no longer treasured.

You can obtain a divorce in Montana if you or your spouse has lived in the state (or stationed in the state as a member of the armed service) for at least 90 days before filing for the divorce petition.1

Montana is exclusively a no-fault divorce state, and the only ground for divorce may be the “irretrievable breakdown of the marriage.” The judge will determine that your marriage is irretrievably broken down if you’ve lived separately for over 180 days before filing, and if there’s a severe marital discord affecting a spouse’s attitude towards the marriage.2 Montana divorce laws don’t recognize traditional at-fault divorce grounds.

Montana is an equitable distribution divorce state, and assets acquired during and before the marriage can be subject to division. A Montana court will attempt to distribute marital property fairly and equitably while looking at factors such as economic misconduct and non-monetary contributions.3

1MT ST § 25-2-118

2MT ST § 40-4-104(1)(b)

3MT ST § 40-4-202