Key facts: divorce in Montana
| Residency requirement | 90 days[1] details ↓ |
|---|---|
| No-fault divorce | Yes (only ground)[1] details ↓ |
| Property division | Equitable distribution[2] details ↓ |
| Court mediation for custody | Court may order[3] details ↓ |
Statutes and court rules as checked October 26, 2026. Not legal advice.
What are the divorce laws in Montana?
Not legal advice. These are plain-English summaries of Montana’s statutes and court rules as of the date shown on each; they can change and courts apply them case by case. Read the linked source or ask a lawyer licensed in Montana.
Waiting period
Not yet verified
Start with Court Help Program (Montana Supreme Court).
Residency requirement
90 days
One spouse must have been domiciled in Montana, or stationed there in the armed services, for the 90 days before filing.[1]
Mont. Code Ann. § 40-4-104(1)(a) · checked October 26, 2026
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“the court finds that one of the parties, at the time the action was commenced, was domiciled in this state, as provided in 25-2-118, or was stationed in this state while a member of the armed services and that the domicile or military presence has been maintained for 90 days preceding the filing of the action;”
No-fault divorce
Yes, no-fault only
Montana grants a dissolution when the marriage is irretrievably broken, shown either by more than 180 days of living separate and apart before filing or by serious marital discord.[1]
Mont. Code Ann. § 40-4-104(1)(b) · checked October 26, 2026
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“the court finds that the marriage is irretrievably broken, which findings must be supported by evidence: (i) that the parties have lived separate and apart for a period of more than 180 days preceding the commencement of this proceeding; or (ii) that there is serious marital discord that adversely affects the attitude of one or both of the parties towards the marriage;”
Property division
Equitable distribution
Without regard to marital misconduct, the court equitably apportions all property and assets belonging to either or both spouses, however and whenever acquired, considering listed factors.[2]
Community property in Montana: the statute quoted →
Mont. Code Ann. § 40-4-202(1) · checked October 26, 2026
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“the court, without regard to marital misconduct, shall, and in a proceeding for legal separation may, finally equitably apportion between the parties the property and assets belonging to either or both, however and whenever acquired”
Court mediation for custody
Court may order
A Montana district court may at any time consider requiring the parties in a divorce or parenting case to mediate, and any party may ask for it; if the court suspects physical, sexual or emotional abuse by one party, mediation may continue only with each party's written, informed consent.[3]
Mont. Code Ann. § 40-4-301 · checked October 26, 2026
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“The district court may at any time consider the advisability of requiring the parties to a proceeding under this chapter to participate in the mediation of the case. Any party may request the court to order mediation.”
Court mediation fees
Not yet verified
Start with Court Help Program (Montana Supreme Court).
Filing fee
Not yet verified
Start with Court Help Program (Montana Supreme Court).
Alimony
Court decides from listed factors
Montana courts may award maintenance only to a spouse who lacks enough property for reasonable needs and cannot be self-supporting through appropriate employment (or is caring for a child who needs them at home). The amount and duration are set from listed factors, without regard to marital misconduct.
Divorce rate
1.9 per 1,000 residents (2024)
Montana’s courts granted 1.9 divorces per 1,000 residents in 2024, down from 4.2 in 2000; the U.S. rate was 2.3. In the Census Bureau’s 2024 survey, 6.2 of every 1,000 women 15 and older in Montana divorced in the past year (±2.1; U.S. 6.9), a different measure.[5][6]
Divorce rates by state, with sources → · CDC/NCHS NVSS; Census ACS · checked October 27, 2026
Estimate your divorce cost in Montana: mediation vs. court →
How child support is calculated in Montana →
Official help: Court Help Program (Montana Supreme Court)
Mediators per 100,000: MediationList listings from official court and government rosters in Montana (83) ÷ population (1,137,233, U.S. Census Bureau, Vintage 2024 county population estimates (July 1, 2024)) × 100,000, the same figure as mediator statistics.[4]
Questions about divorce in Montana
How long do you have to live in Montana to file for divorce?
One spouse must have been domiciled in Montana, or stationed there in the armed services, for the 90 days before filing. — Mont. Code Ann. § 40-4-104(1)(a)[1]
Is Montana a no-fault divorce state?
Montana grants a dissolution when the marriage is irretrievably broken, shown either by more than 180 days of living separate and apart before filing or by serious marital discord. — Mont. Code Ann. § 40-4-104(1)(b)[1]
Is Montana a community property state?
No. Without regard to marital misconduct, the court equitably apportions all property and assets belonging to either or both spouses, however and whenever acquired, considering listed factors. — Mont. Code Ann. § 40-4-202(1)[2]
Is mediation required for custody in Montana?
A Montana district court may at any time consider requiring the parties in a divorce or parenting case to mediate, and any party may ask for it; if the court suspects physical, sexual or emotional abuse by one party, mediation may continue only with each party's written, informed consent. — Mont. Code Ann. § 40-4-301[3]
More
Compare nearby states
Sources
Montana’s statutes and court rules, read on the official site, plus federal statistics; each with the date we checked it.
- Mont. Code Ann. § 40-4-104(1)(a) (Montana Legislature, MCA 2025)↩
- Mont. Code Ann. § 40-4-202(1) (Montana Legislature, MCA 2025)↩
- Mont. Code Ann. § 40-4-301 (Montana Legislature, MCA 2025)↩
- U.S. Census Bureau, Vintage 2024 county and state population estimates (July 1, 2024)↩
- CDC/NCHS, National Vital Statistics System: Divorce rates by State: 1990, 1995, and 2000-2024↩
- U.S. Census Bureau, American Community Survey 2024 1-year estimates, table https://data.census.gov/table/ACSDT1Y2024.B12503↩