Splitifi
Montana State Laws
Updated for 2026

Montana Divorce Laws

Your complete guide to divorce in Montana.
90 days
Residency Required
20 days
Waiting Period
Equitable
Property Division
$10,200
Average Cost

Understanding Montana Divorce Law

Property Division

Montana follows Equitable Distribution.
Fair Division

Grounds for Divorce

No-Fault Only: Irretrievable breakdown
No-Fault Only

Child Custody

Courts consider best interests factors.
Best Interests

Child Support

Uses the Income Shares Model.
Income Shares Model

Child Custody Factors

1
Wishes of parents and child
2
Relationship with parents and siblings
3
Adjustment to home, school, community
4
Mental and physical health of all parties
5
History of domestic violence
6
Continuity of care
7
Developmental needs of the child

Spousal Support

Temporary Maintenance

During proceedings

Rehabilitative Maintenance

For training or education

Permanent Maintenance

For long marriages or disability

Key Statutes

Mont. Code Ann. 40-4-104
Dissolution Grounds
Irretrievable breakdown
Mont. Code Ann. 40-4-202
Property Division
Equitable distribution
Mont. Code Ann. 40-4-212
Child Custody
Best interests factors

Recent Changes

2024
Parenting Plan Updates
Montana updated parenting plan requirements.

Ready to Navigate Your Montana Divorce?

Get expert guidance tailored to Montana divorce laws.
All 50 States Covered
Legal Expert Reviewed

We use cookies to understand how the site is used and, with your permission, for advertising and session recording. We never use them on signed-in pages. See our Privacy Policy.