Montana Dissolution FAQ — Most Common Questions (2026)

The Basics

Why is it called "dissolution" and not "divorce"? Montana law uses "Dissolution of Marriage" exclusively. The terms Petition for Dissolution, Separation Agreement, and Final Decree of Dissolution appear throughout the court forms. "Divorce" is the colloquial term — use "dissolution" in all official documents.

Can I allege my spouse's adultery or abuse as grounds? No. Montana is a no-fault only state. The only ground for dissolution is "irretrievable breakdown of the marriage." Fault grounds are not recognized and cannot be alleged. Evidence of misconduct is generally not relevant to property division or maintenance in Montana.

Is there a waiting period after I file? No. Montana has no mandatory waiting period. Once filed, served, and all requirements are met, the case can proceed to a final hearing.

How long must I live in Montana before filing? 90 days. Either you or your spouse must have lived in Montana for at least 90 days before filing the Petition.

The Separation Agreement

What is the Separation Agreement in Montana? Montana's term for the settlement document is "Separation Agreement." It is filed together with the Petition for Dissolution and addresses all property, debts, maintenance, and (if applicable) parenting matters. Once incorporated into the Final Decree, it is a binding court order.

Property and Maintenance

Is property divided 50/50 in Montana? No. Montana is an equitable distribution state (MCA § 40-4-202). Property is divided fairly based on all relevant circumstances — not automatically 50/50. Importantly, Montana courts have broader authority than most states to divide separate property (pre-marital, gifts, inheritances) if equity requires it.

What is "maintenance" in Montana? Montana uses the term "maintenance" (not alimony or spousal support). Courts have discretion to award maintenance when one spouse lacks sufficient property and cannot be self-supporting (MCA § 40-4-203). No formula — based on multiple factors.

Where do I record a deed after the dissolution? At the Montana County Clerk and Recorder in the county where the property is located. Fee: approximately $8–$15 per page.

Children

Is a Parenting Plan required? Yes. When minor children are involved, a comprehensive Parenting Plan must be filed with the Petition (or before finalization). Montana courts review Parenting Plans carefully.

When does child support end in Montana? Montana child support ends when the child turns 18 or graduates from high school (whichever is later, not to exceed age 19).

Last reviewed: March 2026 | "Dissolution of Marriage" | "Irretrievable breakdown" — only ground | No-fault only state | 90-day residency | No waiting period | Separation Agreement filed with Petition | Equitable distribution (MCA § 40-4-202) | Maintenance: MCA § 40-4-203 | County Clerk and Recorder | courts.mt.gov/Self_Help/Family_Law | montanalegal.org

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