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Montana is an equitable distribution state. This means the marital property will be divided fairly and equitably but it does not mean that property will be split on a 50/50 basis. Courts must first determine which property is separate and which property is a marital asset.

1) In writing by filing a Motion or responding to a Motion; or 2) In person at a hearing scheduled by the Judge, with both sides present.

Montana allows couples who have obtained a legal separation order to convert that order into a formal divorce decree automatically if it's been at least six months since the separation order was issued. A divorce decree is a final order resolving your case.

In Montana, neither spouse is required to accuse the other of any fault or wrongdoing to be eligible for a divorce. To file for divorce in Montana, you or your spouse can file a petition stating that your marriage is ?irretrievably broken,? which means there is no reasonable potential for getting back together.

In Montana, the minimum waiting period for a divorce is 20 days after the non-filing spouse has been served with the complaint for divorce. However, the entire process can take several months or longer depending on the complexity of the case and whether there are any disputes or legal issues that need to be resolved.

The average cost of a divorce per person in the state, including court and lawyer fees, is $6,170 ? the lowest among all states. Nationwide, the average cost of a divorce per person is $9,969. If children are involved, the average cost of a divorce per person in Montana increases to $8,400.