Montana Divorce Laws 1

In: Montana

Divorce Law Basics in the State of Montana

Also See: Montana Marriage Laws

Statute: Montana State Divorce Code (Title 40, Part 1): data.opi.state.mt.us

No-Fault Grounds:

  • Irretreivable breakdown
  • The parties have lived separate and apart for at least 180 days prior to filing
  • Serious marital discord

At-Fault Grounds: Montana law does not provide for at-fault divorce

Residency: Either party must be a resident of the state for at least 90 days prior to filing Legal Separation

Recognized? Yes. Legal separation can be converted to divorce decree after 6 months.

Property Distribution: Montana relies on “equitable distribution” so the court will distribute the marital property “in an equitable manner” if the parties can’t agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution.

Alimony: Alimony may be awarded to either party only if the court finds that a spouse both lacks sufficient property to provide for his needs and is unable to support himself through appropriate employment or is the custodian of a child that requires care preventing the spouse from seeking such employment.

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