Getting Divorced
MCA 40-4-104 — 90 days living in the state, and a marriage irretrievably broken by 180 days apart or serious discord
The district court enters a decree of dissolution when one spouse has lived in Montana, or been stationed there in the armed services, for 90 days before filing, and the marriage is irretrievably broken.
Who handles this in Montana: MontanaLawHelp.org, apply for legal services and Montana Legal Services Association; and legal aid programs, lawyer referral and the state offices, listed in the Montana directory.
- Irretrievably broken is shown by living separate and apart for more than 180 days before filing, or by serious marital discord.
- Either spouse or both may start the case, and the other spouse is served and may respond within 21 days.
- If one spouse denies the marriage is broken, the court may continue the case 30 to 60 days and suggest counseling.
A spouse who asks for a legal separation instead gets that decree unless the other spouse objects.
The short way. A summary dissolution is open when both agree, the wife is not pregnant, any children have an agreed parenting plan and support order, neither owns real property, unsecured debts since the marriage are $20,000 or less, and the assets are under $50,000.
Sources for this section (4)
- MCA 40-4-104 — Dissolution of marriage -- legal separation
- MCA 40-4-105 — Procedure -- commencement -- pleadings -- abolition of existing defenses
- MCA 40-4-107 — Irretrievable breakdown
- MCA 40-4-130 — Summary dissolution -- conditions necessary at commencement of proceedings
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.