Am I Eligible to File for Dissolution in Montana? (2026)

Disclaimer: General legal information only. Not legal advice.

Residency — 90 Days

Either you or your spouse must have lived in Montana for at least 90 days before filing the Petition for Dissolution of Marriage. File at the District Court in the county where either spouse has maintained that 90-day residency.

Montana Code: MCA § 40-4-104.

The Only Ground — Irretrievable Breakdown

Montana is a no-fault only state. There is exactly one ground for dissolution:

"Irretrievable breakdown of the marriage" (MCA § 40-4-104).

You cannot allege fault grounds in Montana. No adultery, cruelty, desertion, or other misconduct can serve as a ground for dissolution. Simply state that the marriage has irretrievably broken down.

The court must find:

• The marriage is irretrievably broken, OR
• The parties have lived separate and apart for 180 days (which creates a presumption of irretrievable breakdown)

No Waiting Period

Montana imposes no mandatory waiting period between filing and finalization. Once the Respondent is served and the Separation Agreement is finalized, the case can proceed to a final hearing at the court's earliest available date.

"Dissolution of Marriage" — Terminology

Montana law exclusively uses the term "Dissolution of Marriage." Your Petition, your Separation Agreement, and your Final Decree will all use this term. Do not use the word "divorce" in your court documents.

Equitable Distribution

Montana is an equitable distribution state (MCA § 40-4-202). The court divides marital property equitably, considering all relevant circumstances — not necessarily 50/50.

Marital property: Includes property acquired by either spouse during the marriage, regardless of how it is titled.

Separate property: Pre-marital, gifts, and inheritances are generally not divided, but Montana courts have broader discretion to consider separate property than some states.

Eligibility Checklist

• Either party has lived in Montana for 90+ days ✅
• District Court county identified ✅
• "Irretrievable breakdown" stated (only ground) ✅
• Marital property inventory in progress ✅
• Separation Agreement being drafted ✅
• If children: Parenting Plan being prepared ✅

Last reviewed: March 2026 | 90-day residency (MCA § 40-4-104) | "Irretrievable breakdown" — sole ground — no-fault ONLY state | No waiting period | "Dissolution of Marriage" — not divorce | Equitable distribution (MCA § 40-4-202) | Separation Agreement filed with Petition | courts.mt.gov/Self_Help/Family_Law

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.