How to Prepare for Divorce in Montana
Preparing for divorce in Montana can feel overwhelming, especially with the state's specific timelines and property laws. The more organized you are before filing, the more control you retain over the process from every angle, including financially, legally, and emotionally.
Understanding Divorce Laws in Montana
Fault Type
No-fault only
Waiting Period
20 days minimum
Property Division
Equitable distribution
Residency Requirement
90 days in MT
- Montana is a no-fault divorce state.
- The 20-day waiting period is among the shortest in the nation.
- Montana calls divorce 'dissolution of marriage.'
How to Prepare for Divorce in Montana
โ๏ธ Legal Preparation
- Collect marriage certificates, prenuptial agreements, and prior court orders
- Understand residency requirements (90 days in MT)
- Decide whether an attorney or mediator best fits your situation
- Research Montana's no-fault only divorce options
๐ฐ Financial Preparation
- List all assets, debts, and income sources
- Gather tax returns (last 3โ5 years)
- Open accounts in your own name
- Document all shared accounts and credit cards
Montana divides marital property equitably, considering factors like duration of marriage.
๐จโ๐ฉโ๐งโ๐ฆ If You Have Children
- Learn Montana custody standards
- Document children's schools, healthcare, and activities
- Consider ideal custody schedules
- Gather records of parenting involvement
Montana courts prioritize the child's best interest and encourage shared parenting.
๐ Personal & Digital Preparation
- Secure passwords and financial access
- Preserve important communications
- Build emotional and logistical support
- Create copies of important documents
Montana Divorce Resources
Stay Organized with Divorce Diary
Divorce Diary helps you track documents, deadlines, and decisions so nothing gets missed during Montana's divorce timeline. Walk into your first attorney meeting prepared and saving $1,000+ in intake fees.
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