Montana Divorce Law
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
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 parentsí 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.