Montana Family Laws

At least one spouse must have been a resident of Montana for at least 90 days immediately before filing for divorce.

The petition is filed in the district court of the county where either spouse has lived for the preceding 90 days.

The sole ground for dissolution of marriage is irretrievable breakdown. The court cannot consider marital misconduct or fault when deciding whether to grant the divorce.

The court shall equitably apportion property belonging to either or both spouses, regardless of title, considering the duration of the marriage, age, health, occupation, income, employability, liabilities, needs, custodial provisions, and each spouse's contribution including as a homemaker.

Courts determine parenting plans based on the best interests of the child, considering the wishes of the parents and child, parent-child relationships, the child's adjustment to home and community, mental and physical health of all parties, any history of physical abuse, chemical dependency, and the child's need for frequent contact with both parents.

Courts may award maintenance when a spouse lacks sufficient property to provide for reasonable needs and is unable to support themselves through appropriate employment. Factors include financial resources, time needed for education/training, standard of living during marriage, duration of marriage, and the paying spouse's ability to meet both spouses' needs. Marital misconduct is not considered.

Montana uses an income shares model considering both parents' gross incomes, proportionate shares, and costs of health insurance and childcare. The guideline amount is presumed adequate unless evidence shows it would be unfair.