Divorce Laws in Montana

According to Montana divorce laws you do not need to prove grounds in order to receive a divorce in MT. The court will grant a petition on the grounds that there has been an irretrievable breakdown of the marriage shown by living separate and apart for 180 days. This is referred to as a no fault divorce. Additionally, one of the spouses must have been a resident of Montana for 90 days prior to filing for divorce in MT.

Alimony & Equitable Distribution in Montana

Montana is known as an equitable distribution state. According to the divorce laws in Montana this means that all property, whether marital or separate, must be divided fairly or equitably, but not necessarily equally, regardless of title held.

Maintenance can be awarded to either the husband or wife according to Montana divorce laws, when either spouse is unable to reasonably provide for him/herself. Such factors as the length of the marriage and the prior standard of living shall be considered in determining the amount and duration to be paid. Marital misconduct may not be considered.

Montana Child Support, Child Custody and Child Visitation

The main focus in determining child custody, according to Montana divorce law, is the best interest of the children. However, under AZ divorce laws, both of the parents must submit a parenting plan. Visitation rights within reason are typically awarded to the non custodial parent.

Child support (a percentage of the non-custodial parents’ income paid to assist with the support of his children) is determined by the Melson Formula based on the net income as set forth by divorce law in Montana.