Montana Divorce: What You Need to Know

In Montana, the legal term for divorce is the dissolution of marriage, which is the court procedure that terminates a marital union. Different states have their own regulations, and in Montana, divorces are processed in the District Court in the county where either spouse lives. This article describes how divorce works in Montana, including waiting periods, residency requirements, the court process, filing details at the court level, and how to divorce records. Here, the focus is on the legal and procedural side and not on giving relationship advice.

How Does Divorce Work in Montana?

Before filing for divorce in Montana, it is crucial to meet the residency requirements. One spouse must have lived in Montana for a minimum of 90 days prior to filing. If child custody is involved, the children need to have been residents of Montana for six months before the court can make any custody decisions according to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

As a no-fault divorce state, the only reason needed to file a divorce in Montana is that the marriage is considered “irretrievably broken.” This indicates that there is no reasonable possibility of reconciliation. To support this, the court can ask for proof that the spouses have been living apart for at least 180 days or that there is significant marital discord with no likelihood of repair.

Although there is no strict waiting period after filing, the process can take some time depending on whether the divorce is uncontested or contested. An uncontested divorce can be finalized in a few months, whereas a contested case may extend to a year due to mediation, hearings, and trial.

Types of Divorce in Montana

Montana law provides several types of divorce, each designed for different situations:

• Uncontested divorce: Happens when both spouses agree on everything. The process is quicker and more affordable since there is no conflict.
• Contested divorce: This type arises when there are disagreements over custody, property, or support. The court may need to conduct several hearings or trials to settle these disputes.
• No-fault divorce: This is the standard type in Montana. It requires only proof of irretrievable breakdown.
• Collaborative divorce: in this scenario, couples work with attorneys and mediators to find solutions outside of court.
• Legal separation: Montana also allows legal separation, allowing spouses to live apart under court-approved terms without ending the marriage.

Montana Divorce Court Process and Forms

In Montana, the divorce process starts in the District Court of the county where either spouse resides. One spouse, referred to as the petitioner, must submit a Petition for Dissolution of Marriage to the court.

Along with the petition, a petitioner may need to submit:

• Summons
• Financial Disclosure forms
• Parenting Plan (if children are involved)
• Marital Settlement Agreement (for uncontested cases)

The other spouse, known as the respondent, must receive the legal documents and summons through a sheriff, process server, or certified mail. Once served, the respondent has 21 days to formally respond.

Moreover, both parties need to provide financial disclosures that detail their income, assets, debts, and expenses. If there are minor children involved, parents must create and file a parenting plan for the court to review and approve before making custody decisions.

In situations where there is dispute over custody or visitation, judges often require parents to attend mediation. If a successful resolution is not reached through mediation, the case will then proceed to trial.

A divorce is officially concluded when a judge signs a Decree of Dissolution of Marriage. This document formally ends the marriage and details the final decisions regarding custody, child and spousal support, and the division of property.

City- and County-Level Filing Details

Divorces in Montana are managed by the District Courts at the county level. Here are details for some of the state’s largest counties:

• Yellowstone County (Billings):
  • Courthouse: Yellowstone County District Court, 217 N. 27th Street, Billings, MT 59101.
  • Services: The courthouse provides self-help forms, and mediation is encouraged if a case is contested.
• Missoula County (Missoula):
  • Courthouse: Missoula County District Court, 200 W. Broadway Street, Missoula, MT 59802.
  • Services: Parents involved in custody matters are required to complete a parenting education program. Additionally, the Clerk’s Office provides step-by-step instructions for filing.
• Gallatin County (Bozeman):
  • Courthouse: Gallatin County District Court, 311 W. Main Street, Bozeman, MT 59715.
  • Services: This court provides court forms and self-help packets to petitioners and self-represented litigants. In addition, parents must submit parenting plans when children are involved in the divorce process.
• Flathead County (Kalispell):
  • Courthouse: Flathead County District Court, 920 S. Main Street, Kalispell, MT 59901.
  • Services: The Clerk’s Office makes filing resources available, and mediation is an option for resolving family law disputes.
• Cascade County (Great Falls):
  • Courthouse: Cascade County District Court, 415 2nd Avenue North, Great Falls, MT 59401.
  • Services: Families involved in custody cases can access forms online and are required to take part in parenting programs.

While Montana has a unified District Court system, procedures are generally consistent countywide. Nevertheless, it is important to check with local clerks for specific filing guidance.

How to Search for Divorce Records in Montana

In Montana, divorce records are generally public, but private details like Social Security numbers, financial account information, and details about minor children are kept confidential. These records are stored by the Clerk of District Court in the county where the divorce was finalized.

There are several ways to access records:

• At the courthouse: Certified copies of divorce decrees and full case files can be requested from the Clerk’s Office for a fee.
• Online: Montana does not have a single statewide system to look up divorce records. Interested parties may contact the District Court Clerk where the divorce was granted.
• Vital Records: The Montana Office of Vital Records issues divorce certificates which are summaries but not full decree. These are available for divorces finalized since 1943 and contain the names of spouses, date, and county of divorce.
• Third-party services: Some private websites may provide case information, but only the court or Vital Records can issue certified copies.

Divorce records typically list the names of the spouses, the date and county of divorce, the case number, and the court’s orders on custody, support, property division, and alimony. The Decree of Dissolution of Marriage is the official document that proves the marriage has legally ended.

Key Points

• Divorce in Montana is filed in the District Court of the county where either spouse resides.
• At least one spouse must have lived in Montana for 90 days before filing.
• Montana is a no-fault divorce state and requires proof of irretrievable breakdown.
• Crafting a parent plan is a required step for parents and mediation serves as a valuable tool in resolving custody disputes.
• Divorce records are public and available from county District Court Clerks. Anyone may request divorce certificates from the Montana Office of Vital Records.