Divorce papers in Montana — filing for divorce in MT

Online divorce in Montana

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How to get divorce in Montana

The information below will help the interested person understand more about the divorce in Montana.

The common steps of how to get divorce in Montana:


In Montana divorce is called “the dissolution of marriage”. That is why instead of getting a divorce in Montana the interested persons will dissolve their marriage.


The interested person should fill all the necessary Montana divorce papers according to the Montana divorce law.


The spouses should be a resident of Montana state.


The interested person should be legally married.


The interested person can have only no-fault grounds for divorce in Montana.


The interested person must arrange document that called Divorce Agreement with the spouse. This is a very important document as sometimes couples can not reach an agreement and can’t sign a Divorce agreement. If spouses cant' agree with each other, in thiscase judge will divide all the property on his consideration. But when the interested person bring the wishes and desires in a form of Divorce agreement to the court, the judge will consider the division of the property and children based on this document.


After the interested person filled all the necessary forms and Montana divorce documents he or she have to file them to the court.


As it was mentioned below in order to file for dissolution of marriage in Montana the spouses should be legal residents of Montana state. If the court found out that the interested person can not file because the interested person do not have a residency, their petition will not be accepted.
If the interested person lives in Montana for 180 days(6 month) they can file to any court of this state.
If the interested person is a military, he or she has to stay in Montana for at least 90 days.

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Valid grounds to get divorce in Montana

Montana flag

There can be only one reason to divorce in Montana.
This is no-fault reason and it means that the spouses should agree that the marriage is irretrievably broken.
Some other no-fault reasons


The spouse not living with his or her spouse for more than 6 month (180 days).


The marriage is irretrievably broken.


Serious marriage disagreements that has an influence on a marriage relationship.

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Annulment of the marriage in Montana

Some people may think an annulment as an alternative to a divorce in Montana. They think that annulment is easy to arrange that to get a divorce, but this is not true. If the interested person wants to get an annulment he or she need to prove that themarriage is void. There are a few reasons to consider the marriage as void, such as:

  • The spouses were underage. If they were younger than 18 years old and the parents or guardian did not sign the document they can get an annulment.
  • Fraud. When the spouse lied to the other party about some important facts about him/her or did not inform him or her about some fatal diseases or pregnancy, impotency, etc,
  • Bigamy. This is when the interested person married a person who was married at the moment of entering a marriage.
  • Kinship. This is spouses are close relatives such as mother, father, brother, sister, aunt, uncle,niece, nephew, etc. Whole blood,half blood or adopted relatives may file for annulment.
  • Incapacity. This means not only phycical incapacity to sexualy satisfy a partner, but also mental incapacity. So when a partner was not able to make a decision in order to enter the marriage he/she may annul such marriage.


If the interested person wants to annul the marriage because of a mental incapacity of the partner he or she should do it no later than after 1 year after they found out of the problem. If the interested person wants to annul the marriage because of physical disability (impotency or other problems), they need to file to the court no later than 4 years after the interested person learned about the problem.

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Custody of the child in Montana

Custody of the child

When parents want to get a divorce in Montana and decide who will have a custody of a child, the court decide everything according to the best interests of a child. In Montana it means that both parent should have a frequent and continuing contact with a child. There are some very important facts that influence court decision about the children division:

  • Safety of a child. This means that if there were any cases of domestic violence, physical abuse, if a parent was in a prison because of some serious crime conviction or a parents has some addiction ( drugs, alcohol, etc), the court may limit a contact of child with such parent.
  • Family climat. The court takes the factor of stability of a family into consideration in make decision about child’s custody. Also it is essential to know whether a child is in a good relations with its family members such as brothers and sisters, grandmother, grandfather, etc. 
  • The court may consider child’s wishes itself, if he or she is old enough to make a decisions. 
  • Financial support. If a parent have ability to pay financial support to a child and does not do it it means a parent does not care about a child.

Parenting plan

According to Montana law the interested person must bring a parenting plan to the court and they can make this plan together or individually (if the interested person can’t reach an agreement).

Parenting plan usually contains the following aspects:

  • A place where a child will live.
  • A place where parents will live.
  • What school the child will attend.
  • Who will make decisions about child’s educations and health.
  • What church a child will attend.
  • Who will pay child support.
  • How the plan will change when the child will reach a certain age.
  • How will parents will solve the conflicts.
  • How the parents will be punished if they will not follow this parenting plan.
  • Any other aspects the parents may want to add to the list.

Rules for child support in Montana

The main aim of a child support is to help a parent who cares mostly about child (at least 243 days in a year) to provide for a child all necessary things such as food, clothes, shelter, education, pocket money, etc.

When this happens one spouse stops to pay child support while a child is not guilty and still needs food, clothes, etc. In such cases the interested person can ask for help the Montana Department of Public health and Human Resources. This is a state agency that helps Montana citizens to create a healthy community. This agency contains a separate unit that is called Child Support Enforcement Division (CSED). So if the interested person have any problems with a child support, he or she can always inform CSED about any changes and they will help:

  • To find a spouse who stopped paying child support.
  • To establish paternity of a child who was born not in a marriage.
  • To collect a child support through a program called Montana interactive.
  • To enforce a child and medical support obligations.
  • To solve other issues connected with a child support.

Here is a common calculation of a child support (when an income of a parent is 6000 $ or less):


1 child

17% of income


2 children

25% of income


3 children

29% of income


4 children

31% of income


5 children or more

34% of income

Uncontested Montana divorce with children
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Divorce without a lawyer in Montana

It is possible to get the divorce without the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county he or she lives, the process of divorce in the state of Montana can vary.

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Contested Divorce
Average prices start at $2000
Offline and inconvenient process with attorney representation for each spouse. Costly attorney fees resulting in unpredictable expenditures. Overall lenghty and expensive way to go.
  • Attorney availability impacts completion time
  • Each spouse has to hire an attorney, which automatically doubles legal fees
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Other Online Divorce Services
Average prices start at $300
Other websites for filling out divorce documents use flawed software technologies to complete your divorce documentation.
  • Automated document preparation
  • Processing time varies but may take more than three business days
  • On-demand customer support, quality varies.
  • One flat fee claimed, however many sites have hidden fees
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Mediation support in Montana

Mediation session can help the interested person to decide all the questions.

Divorce forms in Montana

Here are some common documents for those who want to file for a divorce in Montana: Montana Complaint of Divorce, Affidavit of testimony in Support of Decree, Divorce information sheet, Separation Agreement, Final Decree, Judgement of Divorce.

If the interested person has children, he or she needs to fill: Child support Obligation Income Statement, Child Support Guidelines, Child Support Guidelines Worksheet, Child Support Guidelines Notice of Compliance.

Uncontested divorce in Montana

Uncontested divorce in Montana

There are two types of the uncontested divorce in Montana, the first one is called a Summary Dissolution of Marriage and the second one is called a Joint Dissolution of Marriage.

In order to file for a Summary Dissolution of Marriage the intereted person should:

  • Have no children and no children will be born.
  • Have no real estate and the partner have no real estate too.
  • The spouses agree that their relations are irretrievably broken.
  • The spouses have a debt no more than $8, 000.
  • The spouses assets are no more than $25, 000.
  • The spouses reached an agreement about the property and debts.
  • The spouses reached an agreement about spousal support.
  • The spouses will not sue on appeal the final judgement of dissolution of marriage.

The spouses have to bring 2 copies of each forms such as Petition for Summary Dissolution, Marital and Property Settlement Agreement, Vital Statistics Form and some other. The spousesalso have to pay courthouse $ 200 filing fee. Next step is the spouses should wait for the hearing if judge will accept their documents.

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Filing fees for divorce in Montana

Court filing fees are in addition to the cost of using OnlineDivorce.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.