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Divorce Residency Requirements in Montana

In Montana, one spouse must have been domiciled (or stationed in the military) in the state for 90 days before filing, the case is filed in a county where either spouse lived for those 90 days, and the ground is that the marriage is irretrievably broken.

Last checked . General information, not legal advice.

Montana at a glance

State residency
90 days
County residency
County where a spouse lived for the 90 days before filing
Proper venue is a county where the petitioner or respondent resided during the 90 days before filing.
No-fault ground
Marriage is irretrievably broken
Shown by more than 180 days living separate and apart, or serious marital discord.

Sources

Last checked

The rules in Montana

How long must you live in Montana before filing for divorce?

State residency in Montana: 90 days.

Is there a county residency requirement for divorce in Montana?

County residency in Montana: County where a spouse lived for the 90 days before filing. Proper venue is a county where the petitioner or respondent resided during the 90 days before filing.

What is the no-fault ground for divorce in Montana?

No-fault ground in Montana: Marriage is irretrievably broken. Shown by more than 180 days living separate and apart, or serious marital discord.

Where do the Montana divorce residency requirements come from?

The rules above come from Mont. Code Ann. 40-4-104 and Mont. Code Ann. 25-2-118. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Residency is about where a spouse actually lives and intends to stay, not just a mailing address. Courts may look at a driver's license, voter registration, a lease or deed, tax filings and employment records. Keeping copies of these documents can help if residency is questioned.

Meeting the residency requirement is separate from any waiting period after filing. Some states also require a period of separation before a no-fault divorce, or a cooling-off period before the final decree. Checking all of these timelines together gives a more realistic picture of when a divorce can be finalized.

Military members and their spouses often have special residency rules based on where they are stationed. If the spouses live in different states, more than one court may be able to hear the divorce, and the choice can affect issues like property division and support. A local family law attorney can confirm where to file.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.