No-Fault Divorce in Montana
State-specific overview · Family Law
Montana allows no-fault divorce based on irreconcilable differences with a 20-day waiting period after filing.
How Montana treats No-Fault Divorce
Montana recognizes no-fault divorce when either spouse claims the marriage is irretrievably broken due to irreconcilable differences. The filing spouse must wait at least 20 days before the divorce can be finalized, giving the other spouse time to respond. Montana courts divide property equitably and determine spousal support and child custody based on the best interests of any children involved. The state does not require proof of specific marital misconduct to grant the divorce.
The general definition of No-Fault Divorce
A divorce granted without requiring either spouse to prove wrongdoing by the other.
A no-fault divorce is a divorce where neither spouse has to prove that the other did something wrong, like infidelity or abuse. Instead, one or both spouses simply state that the marriage is irretrievably broken or that they have irreconcilable differences. This is the most common type of divorce in the United States today. No-fault divorces are generally faster and less contentious than fault-based divorces because they don't require gathering evidence of misconduct.
Read the full No-Fault 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.