Montana Divorce Records
Divorce in Montana is a legal process of permanent separation between a married couple. It involves the court system and details how property, liabilities, and bills will be divided. Montana is a no-fault divorce state, where either spouse can file a complaint to divorce without proving their partner did something wrong. It is strictly no-fault, which means the courts do not recognize direct causes for a divorce petition.
Montana divorce records from 1943 onwards are open to any interested party. According to state regulations, once the Supreme Court Clerk has filed the document, it becomes available for public review. These may either be obtained in person, via mail, or online. In Montana, the divorce rate is one of the lowest in the nation at 2.0 per 1,000 compared to the country average of 2.5 per 1,000.
What are Divorce Records?
Montana divorce records are family court records that include personal information about the parties involved in the divorce. Typically, divorce records are harder to access than other court documents because these records contain private information. They detail information, including the identities of the parties, their addresses, court appearances, testimonies, decisions, and property divisions.
In Montana, the divorce record is initiated and managed at the court where the case was heard. It is then stored by the Clerk of the Court. Divorce decrees are also part of the divorce record and involve child custody determination, child support, and alimony payments. Aside from the Clerk of the Courts, the Office of Vital Statistics also keeps an index concerning the divorces in the state that have been finalized since 1943. That said, the divorce records accessed from the courts might include the following:
- Names and addresses of the parties of the case
- Date of the marriage ceremony
- Grounds for the divorce
- Court location and the assigned reference numbers
- Date of the divorce finalization
Are Divorce Records Public in Montana?
Montana divorce records are open to all interested parties following the Montana Public Records Act and the Freedom of Information Act. The records can only be accessed when the individuals submit a Case Registry and Vital Statistics Reporting form filed with the Clerk of the District Court. Similarly, requesters may access the divorce records to verify the split and indicated details, but they are not allowed to order the certified divorce decrees or certificates.
Montana divorce records may also be restricted to the public in case of particular privacy considerations. Divorce records entailing issues of domestic abuse, child endangerment, or mental incapacity may be prohibited from public access as a way of protecting the privacy of the parties involved. Article II, Section 10 of the State’s constitution, details the right to privacy in public records.
Divorce Stats and Rates in Montana
Montana has one of the lowest divorce rates in the country. The figure has been steadily decreasing as well, considering it was 5.1 per 1,000 in 1990 but was rated 2.0 per 1,000 in 2022. This is significantly below the national average of 2.4 per 1,000. In Montana, the first marriage tends to last about 8 to 10 years, occurring when the couple is in their late 30s. The state's lower divorce rate, compared to most states, has been attributed to its rural lifestyle and conservative values.
Grounds for Divorce in Montana
Montana is strictly a no-fault grounds divorce state. That means the petitioner must file a case indicating irreconcilable differences. That would be done by showing that the petitioner had lived apart from their spouse for more than 180 days before the time they filed for the divorce. Requesters may indicate so much discord in their marriage that their attitudes toward the union have been negatively affected.
If either of these is true and both spouses agree that their marriage cannot be salvaged, it will be sufficient reason for the courts to grant a divorce. However, if there appears to be discord, and one spouse believes the marriage is beyond repair, the courts will determine if the marriage is beyond repair. That can occur in several ways, including mandating a ‘cooling-off’ or a waiting period of 21 days following the filing of documentation to implement the decree.
How to File for Divorce in Montana
To file a divorce in Montana, one must meet the State’s residency requirements. One of the parties must have been living in the state for at least 90 days before filing the case. However, if there are children involved in the marriage, the parties should have resided in the state for at least six months. Parties can have residences in other states but must be domiciled in Montana to proceed.
Divorces are either contested or uncontested. The former option is more expensive because it involves a trial to deliberate the arguments on the division of property or child custody. To begin an uncontested divorce, parties are advised to file a Joint Petition for Dissolution in the court where the case is being filed. The petition should also be done as a dissolution with minor children or one for dissolution without minor children. At this time, the two spouses will file a:
- Proposed division of property
- Written marital settlement agreements
- Declaration of income and expenditure
- Parenting plans if there are minors involved
- Vital Statistics forms
- Affidavits are required for entry or a decree of marriage dissolution without hearing if the goal is to avoid going to court. Parties can submit this affidavit 21 days after filing their first joint petition while attaching the proposed Decree for Dissolution of Marriage.
If the parties do not request a dissolution without a hearing, they must request a hearing date, which will be attended by both spouses. In cases where one spouse filed a petition for divorce in court, their partner must be notified. That is, they can present a defense or make a case in any hearings. In Montana, there are different ways to serve divorce papers, including mailing the paperwork to one’s spouse, hand delivering the documents to them in person, or hiring a Sheriff to serve them the papers.
Montana Divorce Decree
Montana divorce decrees refer to official documentation providing significant details about judgments that have been passed by the court in the state. It is typically issued by the courts at the end of the process and is issued to both parties. The divorce decree is generally stored by the Clerk of the Court, where the case was heard and granted, so there are no online options. Divorce decrees are also only accessible to the parties of the case or legal representatives.
How to Find and Access Montana Divorce Records
Montana provides various ways to access divorce records, as they are considered public information. Agencies like the Department of Health and Human Services also keep these records, assisting the Court Clerks in maintaining indexes. Parties access the record they want through in-person requests, via mail, and online.
Offline Access
To get divorce records in person, first determine the county where the case was heard. Divorce records are kept at a District Court level. Head to the court Clerk’s Office where the case was decided. Request the records of interest at the Clerk’s Office and provide relevant details concerning the parties of the case and the date of the divorce.
Pay the fee for accessing these records, which depends on the county. Similarly, one can visit the local Vital Records Office for the Department of Public Health and Human Services. Bring a completed application form for a Copy of the Vital Record. Record seekers should provide photo identification like a driver’s license or passport. Pay the fee to get the divorce record. The fee is usually $10 per request.
Mail Request
Divorce records can be accessed via mail from the Clerk of the District Court, where the case was heard. Parties will have to issue a request indicating their names, personal contact information, date of the divorce, and other helpful information to locate the record. They should also attach a copy of their identification to the request in a self-addressed stamped envelope. Include a money order or check for the applicable fees for the record.
Online Access
Requesters may visit the Montana Judicial Branch website to see if they can navigate to the right links, depending on their county. Similarly, parties can utilize Clerk of the District Court websites. These are available in various counties and may provide access to divorce records. Parties can fill out online request forms via the Clerk's website if available. In these cases, the required information, like party names and the date of the divorce, must be issued. Pay the required fees as well through a credit or debit card.
References:
- https://courts.mt.gov/clerk/Resources/CourtRecords
- https://www.cdc.gov/nchs/pressroom/sosmap/divorce_states/divorce_rates.htm
- https://leg.mt.gov/bills/mca/title_0020/chapter_0060/parts_index.html
- https://www.foia.gov/
- https://leg.mt.gov/bills/mca/title_0000/article_0020/part_0010/section_0100/0000-0020-0010-0100.html
- https://www.cdc.gov/nchs/pressroom/states/montana/mt.htm
- https://leg.mt.gov/bills/mca/title_0400/chapter_0040/part_0010/section_0050/0400-0040-0010-0050.html
- https://courts.mt.gov/forms/Dissolution/jointnokid
- https://dphhs.mt.gov/assets/cssd/statecaseregandvitalstatisticsformre.pdf
- https://dphhs.mt.gov/vitalrecords/VitalRecordsForms
Counties in Montana
- Beaverhead
- Big Horn
- Blaine
- Broadwater
- Carbon
- Carter
- Cascade
- Chouteau
- Custer
- Daniels
- Dawson
- Deer Lodge
- Fallon
- Fergus
- Flathead
- Gallatin
- Garfield
- Glacier
- Golden Valley
- Granite
- Hill
- Jefferson
- Judith Basin
- Lake
- Lewis And Clark
- Liberty
- Lincoln
- Madison
- Mccone
- Meagher
- Mineral
- Missoula
- Musselshell
- Park
- Petroleum
- Phillips
- Pondera
- Powder River
- Powell
- Prairie
- Ravalli
- Richland
- Roosevelt
- Rosebud
- Sanders
- Sheridan
- Silver Bow
- Stillwater
- Sweet Grass
- Teton
- Toole
- Treasure
- Valley
- Wheatland
- Wibaux
- Yellowstone