Divorce in Montana

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  • Residency Requirements and Grounds for Divorce

  • Dividing the Property

  • Alimony

  • Child Custody and Visitation

  • Child Support

    Residency Requirements and Grounds for Divorce

    Either you or your spouse must be a resident of Montana for at least 90 days immediately preceding the filing of a petition for divorce. The legal divorce process begins when one spouse files the papers for dissolution of marriage in a county where either of the spouses resides.

    The only ground upon which to obtain a divorce in Montana is based on irretrievable breakdown of the marriage.

    Dividing the Property

    In Montana, the court equitably apportions property and assets belonging to either spouse or both spouses between the parties. In deciding how to divide the property owned by divorcing couples, judges will consider a number of factors, including:

    • The length of the marriage
    • Any prior marriage of either spouse
    • The age, health, station, occupation, amount and sources of income, vocational skills, employability, estates, liabilities and needs of each spouse
    • Custodial provisions
    • Whether the apportionment is in lieu of or in addition to maintenance
    • The opportunity of each spouse for future acquisition of capital assets and income
    • The contribution or dissipation of value of the respective estates and the contribution of a spouse as a homemaker or to the family unit

    In dividing separate property, which is property acquired prior to marriage, gifts and inheritance, the court will consider the contributions of the other spouse to the marriage, including:

    • The nonmonetary contribution of a homemaker
    • The extent to which such contributions facilitated the maintenance of the property
    • Whether or not the property division serves as an alternative to maintenance arrangements

    The court may protect and promote the best interests of the children by setting aside a portion of the jointly and separately held property of each spouse in a separate fund or trust for the support, maintenance, education and general welfare of any minor, dependent or incompetent children of the parents.

    It is important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth and details such as account numbers, serial numbers and so forth. Collecting this information before you see a Montana divorce lawyer can save you a lot of time and money.

    Alimony

    A court can order alimony or maintenance to either party in Montana, but only if it finds that the spouse seeking maintenance lacks sufficient property to provide for his or her reasonable needs and is unable to support himself or herself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.

    The amount and length of the maintenance order is determined by the court, without regard to marital misconduct and after considering all relevant facts including:

    • The financial resources of the spouse seeking maintenance, including marital property apportioned to him or her and his or her ability to meet his or her needs independently
    • Time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment
    • The standard of living established during the marriage
    • The duration of the marriage
    • The age and the physical and emotional condition of the spouse seeking maintenance
    • The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance

    A court can order temporary maintenance while the divorce is pending. Most maintenance is ordered for a specific length of time.

    Child Custody and Visitation

    In Montana, the court will determine the parenting plan and child custody in accordance with the best interests of the child. The court considers all relevant parenting factors, which may include the following:

    • The wishes of the child's parent or parents
    • The wishes of the child
    • The interaction and interrelationship of the child with the child's parent or parents and siblings and with any other person who significantly affects the child's best interests
    • The child's adjustment to home, school and community
    • The mental and physical health of all individuals involved
    • Physical abuse or threat of physical abuse by one parent against the other parent or the child
    • Chemical dependence or chemical abuse on the part of either parent
    • Continuity and stability of care
    • Developmental needs of the child
    • Whether a parent has knowingly failed to pay birth-related costs that the parent is able to pay, which is considered to be not in the child's best interests
    • Whether the child has frequent and continuing contact with both parents, when it is in the child's best interests
    • Adverse effects on the child resulting from continuous and vexation parenting plan amendment actions

    The court may change or modify custody, visitation and parenting time when a material change of circumstances is shown.

    Child Support

    In Montana, the court will order either or both parents owing a duty of support to a child to pay an amount reasonable or necessary for the child's support, without regard to marital misconduct. The court considers all relevant factors, including:

    • The financial resources of the child
    • The financial resources of the parents
    • The standard of living that the child would have enjoyed had the marriage not been dissolved
    • The physical and emotional condition of the child and the child's educational and medical needs
    • The age of the child
    • The cost of day care for the child
    • Any parenting plan that is ordered or decided upon
    • The needs of any person, other than the child, whom either parent is legally obligated to support

    The court will use the Montana child support guidelines even where the parties have entered into an agreement regarding the support amount. The amount determined under the guidelines is presumed to be an adequate and reasonable support award, unless the court finds by clear and convincing evidence that the application of the standards and guidelines is unjust to the child or to any of the parties or that it is inappropriate in a particular case.

    Related Web Links:
    - Montana Divorce Forms
    - Montana Child Support Enforcement
    - Montana Family Law
    - Montana Child Support Guidelines
    - Montana State Profile
    - Family Law: Selecting a Good Lawyer
    - Divorce - General message board for more help
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