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):

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.


  • silvia

    I have custody of my fifteen year old son. My father is terminally ill with cancer and it is looking as if he only has a few months left. He lives in Indiana and asked if it would be alright to have my son come visit before anything happens. He has been out there visiting his grandfather for about two weeks. My father has told my son that he has the right to choose where he would like to live. So my son called and asked if he could live out in Indiana with his grandfather. I told him no, due to I live in Montana and if anything did happen to my father he would be left alone. My question is do I have legal grounds to stand on? Can he choose to live with his grandfather? Any help would be greatly appreaciated.