IF you live in Montana, you can find divorce laws, divorce forms, lawyers, and support services here. You can also find more information in the divorce articles section.

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DIVORCE & SEPARATION FORMS

Divorce & Separation Forms - uslegalforms link
Online Divorce - divorcesource link

FAMILY LAW RESOURCES

Montana Child Support Guidelines
Montana Child Support Calculator
Montana Child Support Enforcement

DIVORCE LAWYERS & FIRMS

Need a Divorce Lawyer? LegalMatch allows you to present your case, and respond only to attorneys who want to help you. It's Free & Confidential. You can post your legal issues with LegalMatch and receive a reply from qualified attorneys who can handle your case. LegalMatch is a good directory that empowers consumers to locate and thoroughly review the experience, availability and price of pre-screened attorneys before deciding whom to contact.

DIVORCE FORM PREPARATION

Divorces can be painful and complicated, but they do not have to be. LegalZoom can help you obtain your uncontested divorce if you simply follow their three-step plan. They'll prepare your divorce forms, and other documentation that may be needed, review them for consistency and completeness, and provide you with all of the necessary paperwork within 7-10 business days. Start your Montana divorce form preparation today.

COUNSELING

BACKGROUND CHECKS

Conduct Background Checks and Investigations - Find people, unlisted phone numbers, obtain vital statistics, criminal record checks, credit record checks, sex offender searches, driving and vehicle records, property records, general public records, business registration and property resources.

DOMESTIC VIOLENCE RESOURCES

Montana Domestic Violence Crisis Assistance
Montana Domestic Violence Shelters and Hotlines
Montana Coalition Against Domestic and Sexual Abuse

SUPPORT

Support Groups

MONTANA DIVORCE LAW RESOURCES

Montana Divorce Statutes
General Overview of Montana Divorce

RESIDENCY REQUIREMENTS AND WHERE TO FILE: One of the parties must be a resident or stationed in Montana for 90 days before filing for divorce. Divorce proceedings are handled by the district court in the county where the divorce petition will be filed. [Based on Montana Code - Section 40 - Titles: 4-104 and 4-123, Section 25 - Title: 2-118]

LEGAL GROUNDS FOR DIVORCE: Montana is a no-fault divorce state. To grant a divorce, the court must determine a) that the couple have lived separate and apart for a period of more than 180 days filing for divorce; or b) there is serious marital discord that adversely affects the attitude of one or both of the parties towards the marriage. [Based on Montana Code - Section 40 - Title: 4-104]

LEGAL SEPARATION: If a party requests a decree of legal separation rather than a decree of dissolution of marriage, the court shall grant the decree in that form unless the other party objects. Either party shall convert the legal separation to a decree of dissolution after 6 months after the entry of a decree of legal separation. [Based on Montana Code - Section 40 - Titles: 4-104 and 4-108]

MEDIATION OR COUNSELING REQUIREMENTS: The district court may at any time consider the advisability of requiring the parties to participate in the mediation of the case. Any party may request the court to order mediation. If the parties agree to mediation, the court may require the attendance of the parties or the representatives of the parties with authority to settle the case at the mediation sessions. The court may not authorize or permit continuation of mediated negotiations if the court has reason to suspect that one of the parties or a child of a party has been physically, sexually, or emotionally abused by the other party. [Based on Montana Code - Section 40 - Title: 4-301)

PROPERTY DISTRIBUTION: Montana is an equitable distribution state, meaning that the court, without regard to marital misconduct, will try to distribute the marital estate equitably. The court shall consider the duration of the marriage and prior marriage of either party; the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties; custodial provisions; whether the apportionment is in lieu of or in addition to maintenance; and the opportunity of each for future acquisition of capital assets and income. The court shall also consider 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 property acquired prior to the marriage; property acquired by gift, bequest, devise, or descent; property acquired in exchange for property acquired before the marriage or in exchange for property acquired by gift, bequest, devise, or descent; the increased value of property acquired prior to marriage; and property acquired by a spouse after a decree of legal separation. [Based on Montana Code - Section 40 - Title: 4-202]

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: Spousal maintenance may be awarded to either spouse only if it finds that the spouse seeking maintenance:

1. Lacks sufficient property to provide for his reasonable needs; and
2. Is unable to support himself 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 maintenance order shall be in such amounts and for such periods of time as the court deems just, without regard to marital misconduct, and after considering all relevant facts including:

1. The financial resources of the party seeking maintenance, including marital property apportioned to him, and his ability to meet his needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;
2. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;
3. The standard of living established during the marriage;
4. The duration of the marriage;
5. The age and the physical and emotional condition of the spouse seeking maintenance; and
6. The ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance.

[Based on Montana Code - Section 40 - Title: 4-203]

SPOUSE'S NAME: Upon request by a wife whose marriage is dissolved or declared invalid, the court shall order the wife's maiden name or a former name restored. [Based on Montana Code - Section 40 - Title: 4-108]

CHILD CUSTODY: The court shall determine the parenting plan in accordance with the best interest of the child. The court shall consider all relevant parenting factors, which may include but are not limited to:

1. The wishes of the child's parent or parents;
2. The wishes of the child;
3. 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 interest;
4. The child's adjustment to home, school, and community;
the mental and physical health of all individuals involved;
5. Physical abuse or threat of physical abuse by one parent against the other parent or the child;
6. Chemical dependency (as defined in 53-24-103), or chemical abuse on the part of either parent;
7. Continuity and stability of care;
8. Developmental needs of the child;
9. 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;
10. Whether a parent has knowingly failed to financially support a child that the parent is able to support, which is considered to be not in the child's best interests;
11. Whether the child has frequent and continuing contact with both parents, which is considered to be in the child's best interests unless the court determines, after a hearing, that contact with a parent would be detrimental to the child's best interests. In making that determination, the court shall consider evidence of physical abuse or threat of physical abuse by one parent against the other parent or the child, including but not limited to whether a parent or other person residing in that parent's household has been convicted of any of the crimes enumerated in 40-4-219(8)(b).
12. Adverse effects on the child resulting from continuous and vexatious parenting plan amendment actions.
[Based on Montana Code - Section 40 - Title: 4-212]

CHILD SUPPORT: In determining child support, the court shall order either or both parents to pay an amount reasonable or necessary for the child's support, without regard to marital misconduct. The court shall consider all relevant factors, including:

1. The financial resources of the child;
2. The financial resources of the parents;
3. The standard of living that the child would have enjoyed had the marriage not been dissolved;
4. The physical and emotional condition of the child and the child's educational and medical needs;
5. The age of the child;
6. The cost of day care for the child;
7. Any parenting plan that is ordered or decided upon; and 8. The needs of any person, other than the child, whom either parent is legally obligated to support.

Child support is based on the the uniform child support guidelines adopted by the department of public health and human services. Support orders must include a medical support order, and shall be paid through an income withholding order unless the parent is exempt from such an order (and that exemption is included in the support order). [Based on Montana Code - Section 40 - Titles: 4-204, 5-209]

PREMARITAL AGREEMENT: A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration. Parties to a premarital agreement may contract with respect to:

1. The rights and obligations of each of the parties in any of the property of either or both of them, whenever and wherever acquired or located;
2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
3. The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
4. The modification or elimination of spousal support;
the making of a will, trust, or other arrangement to carry out the provisions of the agreement;
5. The ownership rights in and disposition of the death benefit from a life insurance policy;
6. The choice of law governing the construction of the agreement; and
7. Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

The right of a child to support may not be adversely affected by a premarital agreement. After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by both parties. A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:

1. That party did not execute the agreement voluntarily; or 2. The agreement was unconscionable when it was executed and, before execution of the agreement, that party: (i) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; (ii) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and (iii) did not have or reasonably could not have had an adequate knowledge of the property or financial obligations of the other party. [Based on Montana Code - Section 40 - Titles: 2-604, 2-605, 2-607 and 2-608]

You can find more divorce information in the following articles: