Montana Divorce Laws: Residency, Waiting Period, Custody and Support
Montana divorce rules: residency requirement, grounds, waiting period, filing fee, property division, alimony, custody, child support and uncontested divorce.
Quick answers for Montana
- Residency requirement
- When the case is filed, one spouse must be domiciled in Montana, or stationed in Montana as a member of the armed services, and must have kept that domicile or military presence for the 90 days before filing. Mont. Code Ann. § 40-4-104(1)(a)
- Waiting period
- When one spouse files, the other must be served and has 21 days to respond; a decree may not be entered until 21 days after service. In a summary dissolution, the hearing is held after 20 days from the filing of the joint petition. Mont. Code Ann. §§ 40-4-105(3), 40-4-108(1), 40-4-133
- Dividing property
- Montana is an equitable distribution state. The court equitably divides all property and assets belonging to either or both spouses, however and whenever acquired and in whoever's name, without regard to marital misconduct. Mont. Code Ann. § 40-4-202
- Filing fee
- The district court clerk's fee for filing a petition for dissolution of marriage is $170, and $150 for a petition for legal separation. Mont. Code Ann. § 25-1-201(1)(a)-(c); Mont. Code Ann. § 25-10-404
- When child support ends
- Child support ends when the child is emancipated or graduates from high school (if enrolled), whichever is later, but no later than the child's 19th birthday, unless a written agreement or the decree expressly extends or waives the end date. Mont. Code Ann. § 40-4-208(5)-(6)
Last verified: 2026-10-27
Filing for divorce
| Residency requirement | When the case is filed, one spouse must be domiciled in Montana, or stationed in Montana as a member of the armed services, and must have kept that domicile or military presence for the 90 days before filing. Source: Mont. Code Ann. § 40-4-104(1)(a) |
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| Grounds for divorce | Montana is a no-fault state. The court grants a dissolution of marriage when the marriage is irretrievably broken, supported by evidence that the spouses lived separate and apart for more than 180 days before filing, or that there is serious marital discord that adversely affects one or both spouses' attitude toward the marriage. Older defenses such as condonation, connivance, collusion and recrimination are abolished. If one spouse denies the marriage is broken, the court may continue the case for 30 to 60 days and suggest counseling. |
| Waiting period | When one spouse files, the other must be served and has 21 days to respond; a decree may not be entered until 21 days after service. In a summary dissolution, the hearing is held after 20 days from the filing of the joint petition. A decree is final when entered, subject to appeal. |
| Filing fee | The district court clerk's fee for filing a petition for dissolution of marriage is $170, and $150 for a petition for legal separation. A responding spouse pays $60 on appearance, and the prevailing party pays $50 on entry of judgment. A person who cannot pay may ask for a fee waiver by filing an affidavit and financial statement. Fee waiver statute: https://leg.mt.gov/bills/mca/title_0250/chapter_0100/part_0040/section_0040/0250-0100-0040-0040.html |
| Uncontested or simplified divorce | Montana has a summary dissolution procedure for spouses who both want the divorce, meet the residency rule, and meet these conditions: the wife is not pregnant; there are no children of the relationship, or there is an agreed parenting plan and child support has already been set by order; neither owns real estate (a short residential lease is allowed); unsecured debts incurred during the marriage are no more than $20,000; total assets are under $50,000; they have a signed agreement dividing assets and debts; both waive maintenance and the right to appeal; and both have read the summary dissolution brochure. They file a joint petition signed under oath, and after 20 days the court holds a hearing with both present and enters the decree. In other agreed cases, spouses who have filed a separation agreement and financial disclosures may ask for a decree by affidavit without a hearing, though the court may still require one. |
| Divorce forms | The Montana Judicial Branch's free court forms page ("Ending Your Marriage") has packets for Dissolution with Children, Dissolution without Children, Joint Dissolution with Children and Joint Dissolution without Children, plus Response to Dissolution with Children and Response to Dissolution without Children, a Declaration of Invalidity of Marriage (Annulment), a Request for Waiving Court Fees and instructional materials. A questionnaire helps you decide which process fits, and the page links to MontanaLawHelp.org's dissolution information and forms. Always follow the local rules of the court where you file. |
Property and alimony
| Dividing property | Montana is an equitable distribution state. The court equitably divides all property and assets belonging to either or both spouses, however and whenever acquired and in whoever's name, without regard to marital misconduct. Factors include the length of the marriage and any prior marriage; each spouse's age, health, station, occupation, income, vocational skills, employability, estate, debts and needs; custody arrangements; whether the division replaces or adds to maintenance; future earning opportunities; and contributions to or dissipation of the estates, including as a homemaker. For property owned before the marriage, gifts and inheritances, property exchanged for them, their increase in value, and property acquired after a legal separation, the court considers the other spouse's contributions, such as homemaking and helping maintain the property. Source: Mont. Code Ann. § 40-4-202 |
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| Alimony (spousal support) | Maintenance may be awarded only if the spouse seeking it lacks enough property for reasonable needs and cannot be self-supporting through appropriate employment, or is caring for a child whose circumstances make it appropriate not to work outside the home. The amount and length are what the court considers just, without regard to marital misconduct, considering the requesting spouse's financial resources and ability to meet needs, time needed for education or training, the marital standard of living, the length of the marriage, the requesting spouse's age and health, and the other spouse's ability to pay. The statute sets no formula. Spouses using summary dissolution must waive maintenance. Source: Mont. Code Ann. § 40-4-203 |
Children: custody and support
| Child custody | Montana uses parenting plans decided by the child's best interest. Factors include the parents' wishes; the child's wishes; the child's relationships with parents, siblings and others; adjustment to home, school and community; the health of everyone involved; physical abuse or threats; chemical dependency or abuse; continuity and stability of care; developmental needs; knowing failure to pay birth costs or support; and adverse effects of repeated, vexatious plan changes. Frequent and continuing contact with both parents is considered in the child's best interest unless the court finds, after a hearing, that contact with a parent would be harmful. A parent's military service alone cannot decide the case. Each parent (or both jointly) must submit a proposed final parenting plan. No specific age is set for the child's wishes. |
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| Emergency and temporary custody | A party asking for an interim parenting plan can ask the court for an ex parte temporary order on the child's living arrangements. The request must be supported by an affidavit showing either that no parenting plan has been ordered and the proposed arrangement is in the child's best interest, or that an emergency in the child's present environment endangers the child's physical, mental or emotional health and an immediate change is needed to protect the child. If the court agrees, it orders the proposed interim plan and requires all parties to appear within 21 days to show cause why it should not stay in effect. Source: Mont. Code Ann. § 40-4-220 |
| Parenting class or mediation | No statewide parenting class requirement was found in the statutes reviewed. The district court may require the parties to mediate at any time, and either party may ask for mediation. The court may not allow mediation to continue if it suspects physical, sexual or emotional abuse of a party or child, unless each party gives written, informed consent. Source: Mont. Code Ann. § 40-4-301 |
| Grandparents' rights | A district court may grant a grandparent reasonable contact with a grandchild. If a parent objects, the court must first decide after a hearing whether that parent is fit, based on whether the parent adequately cares for the child. Over a fit parent's objection, contact may be granted only on clear and convincing evidence that it is in the child's best interest and that the presumption in favor of the parent's wishes has been rebutted; over an unfit parent's objection, clear and convincing evidence of best interest is required. A grandparent may petition no more than once every 2 years unless circumstances change significantly, and these rights end if the child is adopted by someone other than a stepparent or grandparent. Source: Mont. Code Ann. § 40-9-102 |
Child support
| Child support | Courts must apply the Montana Child Support Guidelines adopted by the Department of Public Health and Human Services in every case, including defaults and agreements. The guideline amount is presumed adequate unless the court finds by clear and convincing evidence that it is unjust or inappropriate, and the court must state its reasons and the guideline amount. DPHHS describes the guidelines as a formula that considers the income of both parents, and it publishes the guideline worksheets, instructions, financial affidavit and tables (effective February 1, 2026). No online calculator was found on the DPHHS page. Statute: https://leg.mt.gov/bills/mca/title_0400/chapter_0040/part_0020/section_0040/0400-0040-0020-0040.html |
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| How to apply for child support | You can enroll in child support services with the Department of Public Health and Human Services, Child Support Services Division (CSSD), using its online enrollment form, which CSSD says is the quickest and easiest way and is processed as soon as it is submitted. CSSD services include locating parents, establishing paternity, establishing financial and medical support orders, enforcing orders, and modifying orders. Online enrollment: https://intake.hhs.mt.gov/SEARCHSIntakeApplicationApp/. The CSSD page does not state an application fee. |
| When child support ends | Child support ends when the child is emancipated or graduates from high school (if enrolled), whichever is later, but no later than the child's 19th birthday, unless a written agreement or the decree expressly extends or waives the end date. Support for a child with a disability who is financially dependent on the custodial parent (who is the primary caregiver) does not end just because of age; it continues until the court finds the person is no longer disabled or no longer financially dependent, for orders issued or still in effect on or after July 1, 2019. |
| Changing a child support order | A support order can be modified only for payments due after the parties get actual notice of the motion, and only on a showing of changed circumstances so substantial and continuing that the terms are unconscionable, by written consent of the parties, or on application by the Department when it provides child support services (generally not within 12 months of the last order or modification). You can ask CSSD to review an order if at least 36 months have passed since it was entered or last reviewed; sooner, you must show a significant change, such as changed daycare or medical expenses or a change of at least 30% in a parent's income. You get a Request for Review packet from your CSSD investigator; CSSD recalculates support under the guidelines and serves a notice, and parents can correct information, consent, or request an administrative hearing. The process usually takes no more than 180 days. Statute: https://leg.mt.gov/bills/mca/title_0400/chapter_0040/part_0020/section_0080/0400-0040-0020-0080.html |
| If child support isn't paid | Most support in Montana is collected through income withholding. Other CSSD enforcement tools include federal tax refund and federal administrative payment offset (IRS collection fees are passed on to non-public-assistance recipients), state payment offset through the Department of Revenue, credit bureau reporting, passport denial, suspension of driver's, occupational and recreational (hunting and fishing) licenses, interception of Montana Lottery winnings of $600 or more, freezing and seizing bank accounts, garnishments, inheritances and insurance settlements, and liens on real and titled personal property in Montana. |
| State child support agency | Montana's child support agency is the Child Support Services Division (CSSD) of the Department of Public Health and Human Services. CSSD locates parents, establishes paternity, establishes, enforces and modifies support orders (including medical support), handles intergovernmental cases and runs the central case and support order registry. Enroll for services online (the quickest way to start) or contact a local child support office. Payments can be made through the Online Payment Portal from a bank account or by credit/debit card, and payment history can be checked through the Montana Child Support Payment Lookup or the phone system. Phone: 1-800-346-5437. |
| Official child support calculator | Montana does not publish an online child support calculator on its official guidelines page. The Child Support Services Division (CSSD) of the Department of Public Health and Human Services publishes the Montana Child Support Guidelines, Guidelines Worksheets and Instructions, and the Guidelines Tables (effective February 1, 2026). The guidelines use a formula that considers the income of both parents, and state law requires the district court, CSSD and the Office of Administrative Hearings to use them in all child support cases. |
Separation, annulment, records and marriage
| Legal separation | Yes. If a spouse asks for a decree of legal separation instead of a dissolution, the court grants it in that form unless the other spouse objects. No earlier than 6 months after a legal separation decree, the court must convert it to a dissolution if either spouse asks. The filing fee for a legal separation petition is $150. |
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| Annulment | Montana calls an annulment a declaration of invalidity. The court declares a marriage invalid if a party lacked capacity to consent (mental incapacity, or alcohol or drugs) or was forced, pressured or defrauded about the essentials of marriage; if a party cannot physically consummate the marriage and the other did not know; if a party was under 16, or 16 or 17 without parental or court consent; or if the marriage is prohibited (an existing marriage, or close relatives including first cousins). Time limits apply: 1 year after learning of incapacity, 2 years for force, duress or fraud, and 4 years for inability to consummate. Children of an invalid marriage are legitimate. Section 40-1-401(1)(d) also lists same-sex marriage as prohibited; federal law requires states to license and recognize same-sex marriages. |
| Common-law marriage | Yes. Montana's marriage statutes state that common-law marriages are not invalidated. A couple may also file a declaration of marriage without solemnization with the district court clerk ($53 fee). |
| Changing your name after divorce | If a spouse whose marriage is dissolved or declared invalid asks, the court must order that spouse's maiden, birth or other former name restored. In a summary dissolution, the joint petition states whether either spouse wants a former name restored. |
| Divorce records | The Montana Office of Vital Records does not issue divorce records; it keeps only a statewide index that can be searched by mailing a search application (a search fee applies). Certified divorce decrees can only be issued by the Clerk of District Court in the county where the divorce was filed, which is the official custodian of the record. |
Marriage and name changes
| Getting a marriage license | Both parties complete and sign a marriage application, and at least one of them appears before the clerk of the district court and pays the $53 license fee. Each applicant must provide a birth certificate or other satisfactory evidence of age, and proof that the marriage is not prohibited. The license takes effect when issued and expires after 180 days. The sections reviewed do not set a waiting period. |
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| Minimum marriage age | The license requires proof that each party will be 18 when the license takes effect, or 16 or 17 with judicial approval. The district court may approve a 16- or 17-year-old's marriage if the minor has the consent of both parents (or the parent with care and control, or a guardian) or has no parent capable of consenting. The court must require both parties to attend at least two marriage counseling sessions at least 10 days apart, and may approve only if it finds the minor can assume the responsibilities of marriage and the marriage is in the minor's best interest; pregnancy alone does not establish best interest. |
| Legal name change | An adult files a signed petition in the district court of the county where he or she lives, stating place of birth and residence, the current and proposed names, and the reason. Notice of the hearing must be published for 4 successive weeks in a county newspaper (or posted in three public places if there is no county newspaper), unless the court allows a sealed-record petition because the petitioner's safety is at risk. Anyone may file objections before the hearing. Petitioners under Department of Corrections supervision or in prison must serve the department. |
Adoption, guardianship and paternity
| Adoption requirements | A married couple jointly (or one spouse when the other is the child's parent), an unmarried person at least 18, or a married person at least 18 who is legally separated or whose spouse has been declared incompetent may adopt. A child may not be placed for adoption until the prospective parent has a preplacement evaluation of fitness and readiness. Written consent is required from the birth mother, her husband if he is the presumed father, anyone whose parental rights were established by a court, any agency with custody, a court-authorized guardian where applicable, and a child 12 or older. Consent is not required from a parent whose rights were terminated or who was declared incompetent, among others. |
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| Stepparent adoption | A stepparent may petition to adopt a spouse's minor child if the spouse has legal and physical custody and the child has lived with the spouse and stepparent for the 60 days before filing (other routes apply if the spouse has died or is incompetent, or an agency placed the child). The other parent may relinquish parental rights to the stepparent once the child is 72 hours old, and the stepparent accepts in writing. The stepparent must obtain an order terminating the noncustodial parent's rights before or together with the adoption petition (the two petitions can be joined), file any needed consents, give notice and attend the hearing. Whether the preplacement evaluation applies to stepparent adoptions was not confirmed in the sections reviewed. |
| Guardianship of a child | The court may appoint a guardian for an unmarried minor if all parental rights of custody have been terminated, or parental rights have been suspended or limited by circumstances or a prior court order. A guardian named in a parent's will has priority. Notice of the hearing goes to the minor if 14 or older, the person who had principal care of the child for the prior 60 days, and any living parent. The court appoints a qualified person if the requirements are met and the appointment serves the minor's welfare and best interests, including continuity of care. |
| Guardianship of an adult | Guardianship of an incapacitated adult may be used only as necessary to protect the person's well-being and only to the extent the person's actual limitations require, and must encourage maximum self-reliance and independence. The court may appoint a full or limited guardian only if it is satisfied the person is incapacitated, the person's needs cannot be met by a less restrictive alternative, and court intervention is necessary for essential health or safety needs; if managing finances would be enough, it treats the case as a conservatorship (protective) proceeding instead. The person keeps all legal and civil rights not expressly limited by the order. |
| Establishing paternity | The mother and alleged father can sign a paternity acknowledgment form from the Department of Public Health and Human Services, which files it; filing creates a presumption of paternity (if another man is a presumed father, his written consent is needed). A signer may rescind within 60 days after signing by filing a notice of withdrawal with the department, with an affidavit that the other parent received a copy. After that, or once a court or administrative order involving the signer establishes paternity or support, the acknowledgment becomes an irrebuttable presumption with the force of a court judgment, which can be set aside only for fraud, duress or material mistake of fact. A paternity test showing a 95% or higher probability also creates a presumption. Source: Mont. Code Ann. § 40-6-105 |
| Emancipation of a minor | Montana provides limited emancipation. A youth 16 or older, a parent, or the Department of Public Health and Human Services may petition the court. The petition must show that limited emancipation is in the youth's best interest and wanted by the youth, that the youth has or will obtain enough money to meet obligations, understands and can responsibly exercise the rights involved, will keep pursuing high school graduation, and will attend counseling if required. The order lists the specific rights granted, which may include living independently, managing money, signing contracts, consenting to medical care, and getting licenses; it requires periodic reports to the court and can be modified or revoked. |
Where to get help in Montana
Divorce & Family Law FAQ
How long do you have to live in Montana to file for divorce?
When the case is filed, one spouse must be domiciled in Montana, or stationed in Montana as a member of the armed services, and must have kept that domicile or military presence for the 90 days before filing.
Is Montana a no-fault divorce state?
Montana is a no-fault state. The court grants a dissolution of marriage when the marriage is irretrievably broken, supported by evidence that the spouses lived separate and apart for more than 180 days before filing, or that there is serious marital discord that adversely affects one or both spouses' attitude toward the marriage. Older defenses such as condonation, connivance, collusion and recrimination are abolished. If one spouse denies the marriage is broken, the court may continue the case for 30 to 60 days and suggest counseling.
Is there a waiting period for divorce in Montana?
When one spouse files, the other must be served and has 21 days to respond; a decree may not be entered until 21 days after service. In a summary dissolution, the hearing is held after 20 days from the filing of the joint petition. A decree is final when entered, subject to appeal.
How much does it cost to file for divorce in Montana?
The district court clerk's fee for filing a petition for dissolution of marriage is $170, and $150 for a petition for legal separation. A responding spouse pays $60 on appearance, and the prevailing party pays $50 on entry of judgment. A person who cannot pay may ask for a fee waiver by filing an affidavit and financial statement.
How do you get an uncontested divorce in Montana?
Montana has a summary dissolution procedure for spouses who both want the divorce, meet the residency rule, and meet these conditions: the wife is not pregnant; there are no children of the relationship, or there is an agreed parenting plan and child support has already been set by order; neither owns real estate (a short residential lease is allowed); unsecured debts incurred during the marriage are no more than $20,000; total assets are under $50,000; they have a signed agreement dividing assets and debts; both waive maintenance and the right to appeal; and both have read the summary dissolution brochure. They file a joint petition signed under oath, and after 20 days the court holds a hearing with both present and enters the decree. In other agreed cases, spouses who have filed a separation agreement and financial disclosures may ask for a decree by affidavit without a hearing, though the court may still require one.
Is Montana a community property state?
Montana is an equitable distribution state. The court equitably divides all property and assets belonging to either or both spouses, however and whenever acquired and in whoever's name, without regard to marital misconduct. Factors include the length of the marriage and any prior marriage; each spouse's age, health, station, occupation, income, vocational skills, employability, estate, debts and needs; custody arrangements; whether the division replaces or adds to maintenance; future earning opportunities; and contributions to or dissipation of the estates, including as a homemaker. For property owned before the marriage, gifts and inheritances, property exchanged for them, their increase in value, and property acquired after a legal separation, the court considers the other spouse's contributions, such as homemaking and helping maintain the property.
How is alimony decided in Montana?
Maintenance may be awarded only if the spouse seeking it lacks enough property for reasonable needs and cannot be self-supporting through appropriate employment, or is caring for a child whose circumstances make it appropriate not to work outside the home. The amount and length are what the court considers just, without regard to marital misconduct, considering the requesting spouse's financial resources and ability to meet needs, time needed for education or training, the marital standard of living, the length of the marriage, the requesting spouse's age and health, and the other spouse's ability to pay. The statute sets no formula. Spouses using summary dissolution must waive maintenance.
How is child custody decided in Montana?
Montana uses parenting plans decided by the child's best interest. Factors include the parents' wishes; the child's wishes; the child's relationships with parents, siblings and others; adjustment to home, school and community; the health of everyone involved; physical abuse or threats; chemical dependency or abuse; continuity and stability of care; developmental needs; knowing failure to pay birth costs or support; and adverse effects of repeated, vexatious plan changes. Frequent and continuing contact with both parents is considered in the child's best interest unless the court finds, after a hearing, that contact with a parent would be harmful. A parent's military service alone cannot decide the case. Each parent (or both jointly) must submit a proposed final parenting plan. No specific age is set for the child's wishes.
How is child support calculated in Montana?
Courts must apply the Montana Child Support Guidelines adopted by the Department of Public Health and Human Services in every case, including defaults and agreements. The guideline amount is presumed adequate unless the court finds by clear and convincing evidence that it is unjust or inappropriate, and the court must state its reasons and the guideline amount. DPHHS describes the guidelines as a formula that considers the income of both parents, and it publishes the guideline worksheets, instructions, financial affidavit and tables (effective February 1, 2026). No online calculator was found on the DPHHS page.
Do you have to take a parenting class to divorce in Montana?
No statewide parenting class requirement was found in the statutes reviewed. The district court may require the parties to mediate at any time, and either party may ask for mediation. The court may not allow mediation to continue if it suspects physical, sexual or emotional abuse of a party or child, unless each party gives written, informed consent.
Can you get a legal separation in Montana?
Yes. If a spouse asks for a decree of legal separation instead of a dissolution, the court grants it in that form unless the other spouse objects. No earlier than 6 months after a legal separation decree, the court must convert it to a dissolution if either spouse asks. The filing fee for a legal separation petition is $150.
What are the grounds for annulment in Montana?
Montana calls an annulment a declaration of invalidity. The court declares a marriage invalid if a party lacked capacity to consent (mental incapacity, or alcohol or drugs) or was forced, pressured or defrauded about the essentials of marriage; if a party cannot physically consummate the marriage and the other did not know; if a party was under 16, or 16 or 17 without parental or court consent; or if the marriage is prohibited (an existing marriage, or close relatives including first cousins). Time limits apply: 1 year after learning of incapacity, 2 years for force, duress or fraud, and 4 years for inability to consummate. Children of an invalid marriage are legitimate.
Does Montana recognize common-law marriage?
Yes. Montana's marriage statutes state that common-law marriages are not invalidated. A couple may also file a declaration of marriage without solemnization with the district court clerk ($53 fee).
Do grandparents have visitation rights in Montana?
A district court may grant a grandparent reasonable contact with a grandchild. If a parent objects, the court must first decide after a hearing whether that parent is fit, based on whether the parent adequately cares for the child. Over a fit parent's objection, contact may be granted only on clear and convincing evidence that it is in the child's best interest and that the presumption in favor of the parent's wishes has been rebutted; over an unfit parent's objection, clear and convincing evidence of best interest is required. A grandparent may petition no more than once every 2 years unless circumstances change significantly, and these rights end if the child is adopted by someone other than a stepparent or grandparent.
How do you change your name back after a divorce in Montana?
If a spouse whose marriage is dissolved or declared invalid asks, the court must order that spouse's maiden, birth or other former name restored. In a summary dissolution, the joint petition states whether either spouse wants a former name restored.
At what age does child support end in Montana?
Child support ends when the child is emancipated or graduates from high school (if enrolled), whichever is later, but no later than the child's 19th birthday, unless a written agreement or the decree expressly extends or waives the end date. Support for a child with a disability who is financially dependent on the custodial parent (who is the primary caregiver) does not end just because of age; it continues until the court finds the person is no longer disabled or no longer financially dependent, for orders issued or still in effect on or after July 1, 2019.
How do I file for child support in Montana?
You can enroll in child support services with the Department of Public Health and Human Services, Child Support Services Division (CSSD), using its online enrollment form, which CSSD says is the quickest and easiest way and is processed as soon as it is submitted. CSSD services include locating parents, establishing paternity, establishing financial and medical support orders, enforcing orders, and modifying orders.
What happens if you don't pay child support in Montana?
Most support in Montana is collected through income withholding. Other CSSD enforcement tools include federal tax refund and federal administrative payment offset (IRS collection fees are passed on to non-public-assistance recipients), state payment offset through the Department of Revenue, credit bureau reporting, passport denial, suspension of driver's, occupational and recreational (hunting and fishing) licenses, interception of Montana Lottery winnings of $600 or more, freezing and seizing bank accounts, garnishments, inheritances and insurance settlements, and liens on real and titled personal property in Montana.
How do you modify child support in Montana?
A support order can be modified only for payments due after the parties get actual notice of the motion, and only on a showing of changed circumstances so substantial and continuing that the terms are unconscionable, by written consent of the parties, or on application by the Department when it provides child support services (generally not within 12 months of the last order or modification). You can ask CSSD to review an order if at least 36 months have passed since it was entered or last reviewed; sooner, you must show a significant change, such as changed daycare or medical expenses or a change of at least 30% in a parent's income. You get a Request for Review packet from your CSSD investigator; CSSD recalculates support under the guidelines and serves a notice, and parents can correct information, consent, or request an administrative hearing. The process usually takes no more than 180 days.
How do you get emergency custody in Montana?
A party asking for an interim parenting plan can ask the court for an ex parte temporary order on the child's living arrangements. The request must be supported by an affidavit showing either that no parenting plan has been ordered and the proposed arrangement is in the child's best interest, or that an emergency in the child's present environment endangers the child's physical, mental or emotional health and an immediate change is needed to protect the child. If the court agrees, it orders the proposed interim plan and requires all parties to appear within 21 days to show cause why it should not stay in effect.
Are divorce records public in Montana, and how do I get a copy?
The Montana Office of Vital Records does not issue divorce records; it keeps only a statewide index that can be searched by mailing a search application (a search fee applies). Certified divorce decrees can only be issued by the Clerk of District Court in the county where the divorce was filed, which is the official custodian of the record.
How do you get a marriage license in Montana?
Both parties complete and sign a marriage application, and at least one of them appears before the clerk of the district court and pays the $53 license fee. Each applicant must provide a birth certificate or other satisfactory evidence of age, and proof that the marriage is not prohibited. The license takes effect when issued and expires after 180 days.
What is the legal age to get married in Montana?
The license requires proof that each party will be 18 when the license takes effect, or 16 or 17 with judicial approval. The district court may approve a 16- or 17-year-old's marriage if the minor has the consent of both parents (or the parent with care and control, or a guardian) or has no parent capable of consenting. The court must require both parties to attend at least two marriage counseling sessions at least 10 days apart, and may approve only if it finds the minor can assume the responsibilities of marriage and the marriage is in the minor's best interest; pregnancy alone does not establish best interest.
What are the requirements to adopt a child in Montana?
A married couple jointly (or one spouse when the other is the child's parent), an unmarried person at least 18, or a married person at least 18 who is legally separated or whose spouse has been declared incompetent may adopt. A child may not be placed for adoption until the prospective parent has a preplacement evaluation of fitness and readiness. Written consent is required from the birth mother, her husband if he is the presumed father, anyone whose parental rights were established by a court, any agency with custody, a court-authorized guardian where applicable, and a child 12 or older. Consent is not required from a parent whose rights were terminated or who was declared incompetent, among others.
How does stepparent adoption work in Montana?
A stepparent may petition to adopt a spouse's minor child if the spouse has legal and physical custody and the child has lived with the spouse and stepparent for the 60 days before filing (other routes apply if the spouse has died or is incompetent, or an agency placed the child). The other parent may relinquish parental rights to the stepparent once the child is 72 hours old, and the stepparent accepts in writing. The stepparent must obtain an order terminating the noncustodial parent's rights before or together with the adoption petition (the two petitions can be joined), file any needed consents, give notice and attend the hearing.
How do you get guardianship of a child in Montana?
The court may appoint a guardian for an unmarried minor if all parental rights of custody have been terminated, or parental rights have been suspended or limited by circumstances or a prior court order. A guardian named in a parent's will has priority. Notice of the hearing goes to the minor if 14 or older, the person who had principal care of the child for the prior 60 days, and any living parent. The court appoints a qualified person if the requirements are met and the appointment serves the minor's welfare and best interests, including continuity of care.
How do you get guardianship of an adult in Montana?
Guardianship of an incapacitated adult may be used only as necessary to protect the person's well-being and only to the extent the person's actual limitations require, and must encourage maximum self-reliance and independence. The court may appoint a full or limited guardian only if it is satisfied the person is incapacitated, the person's needs cannot be met by a less restrictive alternative, and court intervention is necessary for essential health or safety needs; if managing finances would be enough, it treats the case as a conservatorship (protective) proceeding instead. The person keeps all legal and civil rights not expressly limited by the order.
How do you establish paternity in Montana?
The mother and alleged father can sign a paternity acknowledgment form from the Department of Public Health and Human Services, which files it; filing creates a presumption of paternity (if another man is a presumed father, his written consent is needed). A signer may rescind within 60 days after signing by filing a notice of withdrawal with the department, with an affidavit that the other parent received a copy. After that, or once a court or administrative order involving the signer establishes paternity or support, the acknowledgment becomes an irrebuttable presumption with the force of a court judgment, which can be set aside only for fraud, duress or material mistake of fact. A paternity test showing a 95% or higher probability also creates a presumption.
How do you legally change your name in Montana?
An adult files a signed petition in the district court of the county where he or she lives, stating place of birth and residence, the current and proposed names, and the reason. Notice of the hearing must be published for 4 successive weeks in a county newspaper (or posted in three public places if there is no county newspaper), unless the court allows a sealed-record petition because the petitioner's safety is at risk. Anyone may file objections before the hearing. Petitioners under Department of Corrections supervision or in prison must serve the department.
How does a minor get emancipated in Montana?
Montana provides limited emancipation. A youth 16 or older, a parent, or the Department of Public Health and Human Services may petition the court. The petition must show that limited emancipation is in the youth's best interest and wanted by the youth, that the youth has or will obtain enough money to meet obligations, understands and can responsibly exercise the rights involved, will keep pursuing high school graduation, and will attend counseling if required. The order lists the specific rights granted, which may include living independently, managing money, signing contracts, consenting to medical care, and getting licenses; it requires periodic reports to the court and can be modified or revoked.
Where can I get divorce papers and forms in Montana?
The Montana Judicial Branch's free court forms page ("Ending Your Marriage") has packets for Dissolution with Children, Dissolution without Children, Joint Dissolution with Children and Joint Dissolution without Children, plus Response to Dissolution with Children and Response to Dissolution without Children, a Declaration of Invalidity of Marriage (Annulment), a Request for Waiving Court Fees and instructional materials. A questionnaire helps you decide which process fits, and the page links to MontanaLawHelp.org's dissolution information and forms. Always follow the local rules of the court where you file.
Who handles child support in Montana, and how do I contact them?
Montana's child support agency is the Child Support Services Division (CSSD) of the Department of Public Health and Human Services. CSSD locates parents, establishes paternity, establishes, enforces and modifies support orders (including medical support), handles intergovernmental cases and runs the central case and support order registry. Enroll for services online (the quickest way to start) or contact a local child support office. Payments can be made through the Online Payment Portal from a bank account or by credit/debit card, and payment history can be checked through the Montana Child Support Payment Lookup or the phone system. Phone: 1-800-346-5437.
Is there an official child support calculator in Montana?
Montana does not publish an online child support calculator on its official guidelines page. The Child Support Services Division (CSSD) of the Department of Public Health and Human Services publishes the Montana Child Support Guidelines, Guidelines Worksheets and Instructions, and the Guidelines Tables (effective February 1, 2026). The guidelines use a formula that considers the income of both parents, and state law requires the district court, CSSD and the Office of Administrative Hearings to use them in all child support cases.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.