Divorce in Montana
State-specific overview · Family Law
Montana requires a 20-day waiting period after filing before a divorce can be finalized.
How Montana treats Divorce
Montana law imposes a mandatory 20-day waiting period from the date the divorce petition is filed until the decree can be entered, allowing time for reconciliation or negotiation. Either spouse can file for divorce on grounds of irretrievable breakdown of the marriage. Montana courts divide marital property equitably, not necessarily equally, and consider factors like each spouse's contribution to the marriage and earning capacity when determining spousal support.
The general definition of Divorce
The legal dissolution of a marriage, ending the spouses' rights and responsibilities to each other.
Divorce is the legal process by which a married couple ends their marriage. It involves a court officially terminating the marriage and typically requires decisions about property division, spousal support, child custody, and child support. The process can be contested, where the spouses disagree on terms, or uncontested, where they agree on the major issues. Once a divorce is finalized, both parties are free to remarry and are no longer legally responsible for each other.
Read the full Divorce entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Montana.