If your marriage is ending, your kids' future is on the line, or you're afraid of a partner, Montana's District Courts and its parenting-plan rules don't work the way TV or another state's website says. One filing mistake can cost you the family home or weeks of delay. Before you sign anything or walk into a courthouse, call 1-844-690-0555 free, any hour, day or night. You'll get plain-English legal information about how Montana family law actually works, then book a Montana attorney if you need one.
Free legal information. Not legal advice. Available 24/7 across Montana.
Right now, do three things. First, write down dates: when you separated, when (or if) the other side was served, and any court dates already set. Second, do not move money, hide assets, or take the kids out of state to gain an advantage — Montana courts notice, and it can backfire in your parenting plan. Third, if you're in danger, you can ask any District, Justice, City or Municipal Court for a temporary order of protection the same day. Then call 1-844-690-0555 free to understand your options before you file or respond.
People moving to Montana — or marrying later in life — assume the house, the ranch, the retirement account or the inheritance they brought into the marriage is automatically safe. It isn't. Under MCA § 40-4-202 and the Montana Supreme Court's decision in In re Marriage of Funk (2012), a Montana judge can equitably divide property 'however and whenever acquired,' including premarital and inherited assets. Whether your separate property gets pulled in turns on facts like how long the marriage lasted and how the asset was used and maintained — not on a tidy 'I owned it first' rule. That single difference reshapes who walks away with what. Before you assume anything is protected, call 1-844-690-0555 free to understand how Montana would treat your property.
Montana has real free and low-cost help for family law — these are genuine programs, not referrals to us. Start here, and call 1-844-690-0555 any time for instant answers in between.
Do I need a 'reason' to divorce in Montana?
No. Montana is a pure no-fault state. The only ground under MCA § 40-4-104 is that the marriage is 'irretrievably broken,' shown by living apart more than 180 days or by serious marital discord with no reasonable prospect of reconciliation. Adultery or blame won't change the divorce or the property split. To understand how this applies to you, call 1-844-690-0555 free, any time.
How long do I have to live in Montana before I can file?
At least 90 days. MCA § 40-4-104 requires you (or your spouse) to have been a Montana resident for 90 days before filing for dissolution. File too early and your case can stall or be dismissed. Not sure whether you qualify yet? Call 1-844-690-0555 free for clear information before you file.
How fast can a Montana divorce be final?
Even with full agreement, a decree can't be entered until at least 21 days after your spouse is served (MCA § 40-4-105). Fully uncontested cases often wrap in roughly one to three months; contested ones take much longer. The 21-day clock starts on service, not on filing. For a realistic timeline for your situation, call 1-844-690-0555 free, 24/7.
Is the property I owned before marriage safe in Montana?
Not automatically. Under MCA § 40-4-202 and In re Marriage of Funk (2012), a Montana judge can equitably divide property 'however and whenever acquired,' including premarital and inherited assets. Whether yours gets pulled in depends on the facts. Before you assume anything is protected, call 1-844-690-0555 free to understand how Montana would treat it.
Does Montana split everything 50/50?
No. Montana is an equitable-distribution state, not a community-property state. MCA § 40-4-202 directs the court to divide property 'equitably' — fairly, weighing the length of the marriage, each spouse's circumstances, and contributions including homemaking — which can be far from an even split. To learn what 'equitable' might mean for you, call 1-844-690-0555 free.
Montana keeps saying 'parenting plan' — what about custody?
Montana law no longer uses 'custody' or 'visitation.' Instead, each parent submits a proposed parenting plan, and the court decides it under the best-interest factors in MCA § 40-4-212 and the criteria in MCA § 40-4-234. The plan covers the residential schedule, holidays and decision-making. For help understanding what a workable plan looks like, call 1-844-690-0555 free, 24/7.
How is child support calculated in Montana?
Montana uses an 'Income Shares' model under MCA § 40-4-204 and ARM 37.62.106: both parents' incomes are combined, a basic obligation is set, and each parent pays a proportional share adjusted for parenting time and costs like health insurance and childcare. The CSED can also establish and enforce orders. To see how the guideline applies to your numbers, call 1-844-690-0555 free.
Can child support be enforced without going to court?
Yes. Montana's DPHHS Child Support Enforcement Division (CSED) can establish, modify and enforce support administratively — including wage withholding, suspending licenses and intercepting tax refunds — without a courtroom hearing. If you're dealing with CSED, call 1-844-690-0555 free to understand your rights and deadlines.
How do I get a protection order in Montana, and how fast?
You can file a sworn petition for a temporary order of protection in a District, Justice, City or Municipal Court (MCA § 40-15-301), and a judge can issue one the same day if you're in reasonable apprehension of harm. A full hearing must be held within 20 days (MCA § 40-15-201). If you're afraid, call 1-844-690-0555 free, day or night, to understand the steps.
Who can get an order of protection in Montana?
Victims of partner or family member assault, sexual assault, and stalking. For partner/family-member situations there must be that relationship, but for stalking no family relationship is required (MCA Title 40, Ch. 15). There's no residency requirement and an order is effective statewide. To find out if you qualify, call 1-844-690-0555 free, 24/7.
What happens to someone charged with partner or family member assault?
Under MCA § 45-5-206, a first or second PFMA conviction is a misdemeanor punishable by up to one year in jail (a first carries a minimum 24 hours and $100 fine), and a third or later conviction is a felony with at least 30 days and up to five years. Courts often also impose no-contact conditions. For information about a PFMA matter, call 1-844-690-0555 free.
Is Legal Hotline a law firm, and is the call really free?
We are not a law firm and not a public defender, and we give legal information, not legal advice — the call creates no attorney-client relationship. The call to 1-844-690-0555 is genuinely free, available 24/7, with no income test and no web form. If you want a lawyer, we can help you book a paid consultation with a Montana-licensed attorney. Call any time to get started.
We send Montana families who need representation to licensed local attorneys. If you practice family law in Montana — divorce, parenting plans, support or protection orders — and want to receive matched, ready-to-hire clients, you can join our referral network. This strip is for attorneys only; if you need help with your own family matter, call 1-844-690-0555 free.
General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.
Whether you're starting a divorce, fighting over a parenting plan, sorting out child support, or trying to protect yourself or your kids, the worst move is signing or filing the wrong thing because no one explained Montana's rules. Call 1-844-690-0555 free, 24/7 — no income test, no web form, in your language — for clear legal information grounded in Montana and federal law, then book a Montana attorney if it's worth it. It costs nothing to understand where you stand.
Free legal information. Not legal advice.