No-fault divorces are recognized by the State of Montana. One party must allege that the marriage is "irretrievable breakdown".  This is commonly known as "irreconcilable differences" and means that the two parties no longer get along.  In Montana an irretrievable breakdown is proven by the parties living separate and apart for 180 days prior to filing for divorce, or by a serious marital issue that has occurred and which negatively impacts the attitude of at least one of the spouses.

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Residency Requirements

In order to file for divorce in Montana one or both spouses must have resided in Montana for at least ninety (90) days immediately prior to the divorce being granted.  If the divorcing parties have minor children, the minor children must have resided in Montana for at least six (6) months prior to the divorce being filed in order for the Court to have jurisdiction over matters of the children.  
 
Fill Out your Forms

When filing for a divorce you must file certain documents as required by the Court. If the parties agree on all matters of the divorce before the divorce is filed, they can file for Joint Dissolution.

Forms to be completed and filed by all people filing for no-fault divorce in Montana include:


Forms for couples with children include:


If both parties agree on the terms of their divorce they should complete a Divorce Settlement Agreement.  You can use Rocket Lawyer's easy interview process to complete this agreement, which outlines the terms of the division of property, assets and debts in your divorce. Completing this document will help you avoid the cost and time involved in going to trial but is contingent on the parties being in agreement.

Make Copies of your Forms

Once you have filled out the appropriate forms, make at least two copies of each. One set will be filed with your Court Clerk's Office, and one should be kept for your records.
 
Bring your Completed Forms to your Court Clerk's Office and Pay the Fee

Proceed to your Court Clerk's Office with the originals and copies of your forms. If everything is in order, the Clerk will use the original forms and ask you to pay a fee to file. Additional forms will be required as the divorce proceeding works its way through the system. You will need to stay in touch with the County Clerk to ensure no deadlines are missed.
 
Additional Assistance

You can use Rocket Lawyer to Find a Lawyer near you who can provide you with further assistance in completing your divorce.

Get started Visit our Divorce Center Get divorce documents and ask a lawyer your questions.

Get started Visit our Divorce Center Get divorce documents and ask a lawyer your questions.