Statutory Reference to Montana Code Annotated:

Residence: § 40-4-104(1)(a)

Divorce: §§ 40-4-104, 40-4-107

Property Distribution: § 40-4-202

Alimony: § 40-4-203

Custody: §§ 40-4-212, 40-4-234

Visitation: § 40-9-102

Child Support: Administrative Rules of Montana 37.62.101 et seq.

 

Residence:

One of the parties must be a resident of Montana for 90 days immediately prior to filing.  The dissolution of marriage petition must be filed in the county where the petitioner has been a resident for the previous 90 days.

 

Grounds:

Irretrievable breakdown of marriage [no-fault], supported by evidence that the parties have lived separate and apart for 180 days. 

 

Distribution of Property:

Equitable distribution of property, based on all-property hotchpotch.  Montana adopted the all-property provisions of the Uniform Marriage and Divorce Act.

 

The court may divide, without regard to marital misconduct, the property of the parties and assets belonging to either or both, however and whenever acquired and whether title thereto is in the name of the husband or wife or both.  In making the apportionment, the court shall consider 13 enumerated provisions. 

 

Alimony/Spousal Support:

Either spouse may be awarded maintenance if that spouse can show an inability to support him/herself and lack of sufficient property to provide for his/her own needs; or that the spouse seeking support is the custodian of the parties' minor child(ren) and it would be appropriate for the custodian not to seek outside employment.  The award is made without regard to marital fault, based on seven factors.

 

Child Custody/Visitation:

Each parent must submit, either jointly or singly, a proposed "parenting plan."  Sole or joint parenting is awarded based on the best interests of the child and upon consideration of 13 factors. 

 

Child Support:

Child support guidelines are set out in the Montana Administrative Rules.  The support guidelines are based on the Melson Formula, calculated on net income.