Looking for Montana’s rules on marriage, divorce, child custody, and child support? Want to find Montana’s state court forms and instructions and local court websites? Here’s where to start. For a wide range of other articles on family law in Montana, see the Resources by State section on this site.
Marriage Rules in Montana
Requirements: A blood test is required. You must be of the age of consent, not be too closely related to your intended spouse, not be married to anyone else, and have sufficient mental capacity, meaning you understand what you are doing when you marry. You can marry immediately after your marriage license is issued, and your license is good for 180 days. For more details, check your county clerk’s office.
Common law marriage: Yes. A couple must intend to be married, live together for a significant period of time, and hold themselves out as a married couple.
Community property: No.
Same-sex marriage: No.
Montana Divorce Rules
Grounds for divorce: No-fault, or you can base your divorce on the fact that you’ve been separated from your spouse for at 180 days.
Residency requirement: At least one spouse must be a resident of Montana for 90 days before filing for divorce.
How property is divided: Equitable division.
Child Custody Rules in Montana
Child custody guidelines: Montana courts begin with a presumption that it’s best for a child to have frequent and continuing contact with both parents after a divorce. If possible, judges want to support joint custody arrangements.
Montana Child Support Rules
Child support guidelines: Montana requires all parents to support their children. The amount of child support depends primarily on each parent’s income and other resources and how much time each parent spends with the children.
Child support calculators to determine state guidelines: www.alllaw.com/calculators/childsupport/montana.
State child support enforcement agency: Child Support Enforcement Division, www.dphhs.mt.gov/csed/index.shtml.
Montana Courts and Other Family Law Resources
Montana court information and family law forms: www.courts.mt.gov.
Family services section of Montana website: www.dphhs.mt.gov/cfsd.
