CompleteCase.com is not a substitute for the advice of an attorney.

Residency Requirements

In order to file for divorce in Montana, either spouse must have been a resident of the state for ninety days before filing.

Grounds

Montana recognizes only two no-fault divorce grounds, that of serious marital discord with irreconcilable differences and living separate and apart for 180 days prior to filing for dissolution.

Child Custody

A Parenting Plan must be filed with the court by the divorcing parents in the State of Montana. The Parenting Plan outlines the terms of each parent's rights and responsibilities concerning their child(ren). The court will make a determination if parents cannot decide how to resolve a specific issue regarding the Parenting Plan.

Child Support

Montana’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross incomes and certain child related expenses are taken into consideration when calculating the child support obligation. Child support will continue until the child reaches eighteen years of age or completes high school, and may be extended by agreement of the parties or court order under certain circumstances.

Venue

A divorce in the State of Montana should be filed in the county where petitioner has resided for a 90-day period preceding the action.

Mediation

The parents may be required to participate in a court ordered mediation to resolve disputes that arise in creating the parenting plan. At any time before or after the divorce has been initiated, the parties may agree to submit any or all of their disputed issues to mediation.

Filing Fees

Court filing fees are in addition to the cost of using CompleteCase.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.