Montana State Laws
Updated for 2026
Montana Divorce Laws
Your complete guide to divorce in Montana.
Understanding Montana Divorce Law
Property Division
Montana follows Equitable Distribution.
Fair DivisionGrounds for Divorce
No-Fault Only: Irretrievable breakdown
No-Fault OnlyChild Custody
Courts consider best interests factors.
Best InterestsChild Support
Uses the Income Shares Model.
Income Shares ModelChild Custody Factors
1
Wishes of parents and child
2
Relationship with parents and siblings
3
Adjustment to home, school, community
4
Mental and physical health of all parties
5
History of domestic violence
6
Continuity of care
7
Developmental needs of the child
Spousal Support
Temporary Maintenance
During proceedings
Rehabilitative Maintenance
For training or education
Permanent Maintenance
For long marriages or disability
Key Statutes
Mont. Code Ann. 40-4-104
Dissolution Grounds
Irretrievable breakdown
Mont. Code Ann. 40-4-202
Property Division
Equitable distribution
Mont. Code Ann. 40-4-212
Child Custody
Best interests factors
Recent Changes
2024
Parenting Plan Updates
Montana updated parenting plan requirements.
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