Montana Divorce Records

Montana's divorce rates have reduced over the years, with current statistics indicating that approximately 2.3 divorces occur per 1,000 Montanans, slightly below the national average of 2.4 per 1,000 total population.

Montana law allows for no-fault divorces, meaning that a marriage can be dissolved if it is found to be "irretrievably broken". This standard does not require either party to prove wrongdoing or misconduct. However, if one spouse contests the claim, the court may evaluate the marriage further and determine whether reconciliation is possible or if legal grounds exist for dissolution. In such cases, the court may consider factors such as separation duration or behavior that makes reconciliation unlikely.

On average, the cost of a divorce in Montana is around $6,170 per person - this is not only significantly below the national average of $9,969, but is also one of the lowest recorded divorce costs across the country. Regardless, it is important to point out that the actual cost of getting a divorce in Montana can vary considerably depending on factors like attorney fees, mediation costs, whether the divorce is contested or uncontested, and the involvement of minor children.

Are Divorce Records Public in Montana?

In Montana, divorce records are considered public information under the state's Public Records Act, meaning that they may be examined and copied by any interested member of the public. However, even though these divorce records are generally accessible to anyone, certain sensitive details, such as social security numbers, financial disclosures, information about minor children, abuse victims, and medical/mental health information, are typically redacted or restricted to protect the privacy of individuals involved. Likewise, divorce records that have been sealed by court order are deemed confidential and may only be accessed by authorized parties, including the parties involved in the divorce and their attorneys.

What Is Included in Montana Divorce Records?

Montana divorce records refer to official documents created throughout the marriage dissolution (divorce) process. These records are maintained by the Clerk of Court in the county where the divorce proceedings were held and are typically grouped into two categories:

• Decree of Dissolution: This is the final court order that legally ends the marriage. It contains detailed information on the divorce, such as the names of the involved parties, the divorce date and location, as well as how the court resolved issues like property division, alimony, parenting (custody), and other relevant matters. Decrees of dissolution are commonly referred to as "divorce decrees", and they typically serve as proof that a divorce has been officially finalized.
• Divorce Case Files: This is the collection of all documents and records generated in relation to a specific divorce, from the initial petition and response to motions, agreements, financial affidavits, court orders, and the final divorce judgment.

In addition to the divorce records held locally at the District Courts, the Montana Office of Vital Records maintains statewide divorce indexes. While these are not considered official divorce records, they may be used to get basic details on divorces, such as the names of spouses, the date of divorce, and the county where the divorce was filed.

How Do I Find Montana Divorce Records?

Individuals who wish to access Montana divorce records can typically do so through the Clerk of Court in the county where the divorce was granted. Certified copies of these divorce records may be required for legal and administrative uses, such as:

• Providing legal proof of divorce for remarriage, immigration, or other similar purposes
• Updating identification documents and personal records with government agencies and financial institutions
• Modifying existing orders related to custody and support
• Addressing inheritance or estate-related matters
• Applying for certain benefits or claims

Look Up Montana Divorce Certificate

Montana does not issue official divorce records at the state level. However, the state's Office of Vital Records maintains indexes of divorces that occurred from 1943 to date and may search these indexes on behalf of interested parties. These index searches typically return details that may be used to obtain official divorce records, such as the full names of the divorced spouses, the date of the divorce, and the actual location of the divorce record.

You may request these divorce index searches/verifications by submitting an Application for Search of Marriage & Divorce Indexes form to the Office of Vital Records at:

There is a $10 fee for a five-year search and an additional $1 per extra year searched. For more information, contact the Montana Office of Vital Records at (406) 444-2685 or via email.

Look Up Montana Divorce Decree

Montana divorce decrees are maintained by the Clerk of Court in the county where the divorce was filed. Copies of these documents may be obtained by identifying the appropriate court (where the divorce was granted) and submitting a formal request to the Clerk's office - the request should include the names of the parties involved and the approximate date of the divorce. Requests can typically be made in person, by mail, or online; however, available options depend on the court. You may be required to provide a valid ID. Copies of Montana divorce decrees typically cost $10 per copy, plus a $2 fee for certification (if needed). It is advisable to contact the Clerk of Court in advance to confirm their requirements, fees, and processing times

Look Up Montana Divorce Court Records

You may obtain copies of public court records/documents contained in a divorce case file through the Clerk of Court's office in the county where the divorce proceedings were held. You will generally need to provide sufficient identifying details, such as the full names of the divorcing parties and an approximate divorce date, and pay the stipulated fees. Some divorce court records may also be accessed online using the Montana Judicial Branch's Public Access Portals. Note that record availability via these portals may be limited.

Can You Seal Divorce Records in Montana?

Divorce records may be sealed in Montana by court order, but this typically requires a showing of "good cause", meaning that the party requesting the sealing must provide a compelling reason for the request. Sealing requests in the state are commonly made when cases involve issues like the safety of minor children, allegations of abuse, or confidential financial information.

Individuals who wish to seal their divorce records must initiate the process by filing a motion to seal with the District Court that handled the divorce case. The motion must outline the specific reasons for requesting that the record be sealed and include any supporting documentation. Once submitted, the court will review the request and may schedule a hearing to hear arguments for or against the motion. As part of its review, the court will typically weigh the public's right to access court records against the need to protect personal privacy. If it finds that there is good cause for the request, it will issue an order for the sealing of the records. Note that, in most cases, only certain parts of the record/select documents will be sealed and restricted from public access; it is rare for an entire case file to be sealed.

How Long Does a Divorce Take in Montana?

The duration of a divorce in Montana is mostly influenced by whether the divorce is contested or uncontested. Montana Code Annotated (MCA) Section 40-4-105 stipulates a mandatory 21-day waiting period after divorce papers have been served before the divorce can be finalized. If both spouses agree on all terms, such as division of assets, parenting, and spousal support (an uncontested divorce), proceedings may be finalized shortly after this waiting period; in many cases, the process can often be completed in as little as six to eight weeks. On the other hand, contested divorces typically take significantly longer, especially if both parties are unable to reach an agreement on key issues. These types of divorces typically take several months to over a year to resolve, depending on the complexity of the disputes and the court's docket.

Does Montana Require Separation Before Divorce?

No, Montana does not require spouses to live separately before filing for divorce. However, under Montana's no-fault divorce system, one of the conditions that may demonstrate an irretrievably broken marriage is that the spouses have lived apart for more than 180 days before filing. As such, even though separation is not mandatory, it may be used as evidence to support the claim that the marriage is irretrievably broken.

How Are Assets Split in a Montana Divorce?

Montana follows the principle of equitable distribution when dividing assets in a divorce. This means that the couple's property is divided fairly, but not necessarily equally, between them. When determining what constitutes an equitable division of property, courts typically consider certain factors, as outlined in MCA 40-4-202. These include:

• The duration of the marriage
• Prior marriages by either spouse
• Each spouse's age, health, station, and occupation
• Each spouse's amount and sources of income
• Each spouse's vocational skills and employability
• Each spouse's ability to gain future assets and income
• How each spouse added to or reduced the value of the property
• Each spouse's estate, liabilities, and needs
• A spouse's role in maintaining the home and family
• Whether property division replaces or adds to spousal support

It should be noted that, under Montana law, all property is subject to division, including property that was acquired by either couple before the marriage or received as gifts/inheritance during the marriage.

Who Gets Custody of a Child in Divorce in Montana?

Historically, Montana courts, like many others, explicitly favored mothers in custody decisions due to traditional gender roles, where women were seen as primary caregivers. This bias was rooted in the belief that children, especially younger ones, were better off with their mothers. However, modern state laws now prioritize the best interests of the child, rather than gender-based assumptions. It should be noted that Montana does not use the term custody in its traditional sense; instead, the state refers to "parenting" as it relates to a parent's custodial and visitation rights and responsibilities after divorce, emphasizing that both parents should remain involved in their child's life.

To this end, during a divorce, couples are required to come up with a parenting plan that covers key aspects like the child's legal custodian, education, financial provisions, primary residence, daily care, and visitation schedules. These parenting plans are typically subject to scheduled reviews to accommodate the child's evolving needs. Joint parenting plans are typically encouraged and approved by the court, unless one parent is unfit due to issues like abuse, neglect, or substance abuse. When deciding on final parenting arrangements, the court considers factors such as:

• The wishes of the parents
• The child's wishes
• The child's interaction and interrelationship with each parent and siblings (if any)
• The mental and physical health of all involved parties
• Failure to meet parental responsibilities
• Evidence of domestic violence or abuse
• Harmful impact on the child caused by repeated and unnecessary changes to the parenting plan

While Montana law promotes equal parenting time where appropriate, courts retain discretion to craft parenting arrangements that reflect the unique circumstances of each family. In many cases, mothers often still receive more parenting time after a divorce in Montana - per recent studies, fathers are likely to get about 26% parenting time (roughly about 95 days per year), less than the national average of 35%.