Montana Divorce Laws
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The following is a summary of Montana divorce laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Montana Code and/or consult with an attorney about how the law might apply to your particular situation.

 

Residency Laws.
At least one spouse, at the time the divorce papers are filed, must have resided in Montana for at least 90 days preceding the filing of the divorce papers, or been stationed in Montana while in the armed services for at least 90 days preceding filing the divorce papers.

-From 40-4-104 of the Montana Code.

 

Grounds for Divorce.
A divorce in Montana can be granted if the court finds that the marriage is irretrievably broken. The court must support this finding with evidence that the parties have lived separate and apart for more than 180 days preceding filing the divorce papers, or that there is serious marital discord that adversely affects the attitude of one or both of the parties towards the marriage.

-From 40-4-104 of the Montana Code.

 

Additional Information.
Each party is required to serve on the other party a final declaration of disclosure and a current income and expense declaration. The failure of a party to disclose an asset or liability on the final declaration of disclosure is presumed to be grounds for the court, without taking into account the equitable division of the marital estate, to award the undisclosed asset to the opposing party or the undisclosed liability to the noncomplying party. If either party commits perjury in the final declaration of disclosure, in addition to any civil or criminal remedies sought, the court may set aside the judgment or part of the judgment, if the perjury is discovered within 5 years from the date of entry of judgment.

-From 40-4-253 of the Montana Code.

 

If the parties have minor children, and the court finds that it would be in the best interest of the minor children, it shall order the parties to attend a court-sanctioned program. The program may be divided into sessions. The program must be educational in nature and may not be designed for individual therapy.

-From 40-4-226 of the Montana Code.

 

If your divorce is uncontested, we would love to guide you through the process from beginning to end. Learn more about how our uncontested divorce services can help you through your divorce.

Other pages on Montana divorce laws:
General Montana Divorce Laws
Alimony Divorce Laws in Montana
Montana Child Custody Laws
Montana Child Support Laws
Montana Laws on Property Division

 

© Help Yourself Divorce 2002-2008

 

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don't rely on this information for legal advice. Seek help from an attorney if you need legal advice.

This information has been summarized from the Montana statutes. You can find the full-text version of these and other Montana divorce statutes online here: Montana Divorce Laws.