Montana

Divorce Residency Requirements To Get Divorce In Montana

To file for divorce in the state of Montana, at least one of the spouses must have been a resident of the state for at least 90 days prior to the filing date.

Reasons For Divorce In Montana

The state of Montana recognizes two no-fault grounds for divorce. One of these is “serious marital discord with irreconcilable differences.” The other ground is living separate and apart for 180 days prior to filing for dissolution of the marriage (divorce). Either of the two grounds for divorce can be utilized in a divorce without an attorney case as long as it is considered to be an uncontested divorce. These two reasons are used to cover any ground a person may have to want to dissolve his or her marriage.

Custody Of The Children In Montana

When filing your divorce papers in Montana, a parenting plan must be filled out and filed with the court, by both divorcing parents. This parenting plan outlines the terms and shows each parents’ rights and responsibilities regarding their children. If the parents cannot decide how to resolve any child-related issues, the court will step in and make a determination.

Montana Child Support Guidelines

Standard state child support guidelines apply in virtually every DIY divorce case in Montana. Child support is calculated by taking into account both parents’ gross income and child-related expenses. Child support continues until the child reaches age 18 or completes high school. Child support can be extended, by an agreement of both parties or under court order, when certain circumstances apply.

Venue

Divorce in the state of Montana is filed in the county where the petitioner has lived for at least a 90-day period preceding the action.

Divorce Mediation

When there are children involved in a case, the parents might be required to participate in court-ordered mediation to resolve disputes that arise in creating a parenting plan. In other divorce cases at any time before or after the divorce papers have been filed, the parties may decide to submit any or all disputed issues to mediation to allow the divorce to be filed as an uncontested divorce.

Filing Fees

All filing fees charged by the Montana state courts are in addition to those charged to utilize the Divorce.com service. For more information about the price, we provide an easy way to look up the filing fees for your area. This ensures that you have a clear picture of all expenses specific to your situation before moving forward.