Montana Residency Requirements
The state of Montana has unique residency requirements for people who wish to terminate their marriage. You must meet these state-specific requirements prior to filing with your local county court. The Montana residency requirements are as follows:
The district court shall enter a decree of dissolution of marriage if: the court finds that one of the parties, at the time the dissolution of marriage was filed, was a resident of this state, or was stationed in this state while a member of the armed services, and that the domicile or military presence has been maintained for 90 days preceding the filing of the action.
The Dissolution of Marriage is typically filed with in county in which the filing spouse resides.
(Montana Code - Section 25 - Titles: 2-118 and Section 40 - Titles: 4-104)
If you DO NOT meet at least one of the above residency requirements, you have the following options:
- Establish residency in Montana for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
- Have your spouse do the filing if he or she meets the Montana residency requirements.
- Choose another state in which you or your spouse meet the requirements (all states are unique, so be sure to check the state in which you were married as an option).
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