In order to file for a divorce in Montana, one of the parties must have lived in the state or was stationed in the state while a member of the military for 90 days before filing the divorce action.
To get a divorce in Montana, the court must find that the marriage is irretrievably broken, the parties have lived apart for at least 180 days, and there is serious marital discord that adversely affects the attitude of one or both of the parties towards the marriage.
Montana courts use equitable distribution of all assets belonging to either party in a marriage, including property that may only be titled in one person's name, and without regard to marital misconduct. When dividing pre-marital property; property acquired by gift; the increased value of property acquired prior to marriage; and property acquired after a decree of legal separation, the court shall consider those contributions of the other spouse to the marriage.
The court may grant a maintenance order for either spouse only if it finds that the spouse seeking maintenance lacks sufficient property to provide for the spouse's reasonable needs and is unable to be self-supporting through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
When deciding how much maintenance will be awarded, and for how long, the court will consider the following relevant facts without regard to marital misconduct:
Montana courts determine the parenting plan in accordance with the best interest of the child standard, which includes the following factors:
When deciding child support, the court will not consider marital misconduct, though it will consider the following relevant factors in its determination:
In Montana, a child is considered emancipated when he/she graduates from high school or at age 19, whichever comes first.