Montana Divorce Residency Requirements
In order to file your Petition for Dissolution of Marriage in Montana, you must make sure the District Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Montana residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing 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)
Since dissolution of marriage is governed by state law, it is required that you meet specific residency requirements in order to file for a dissolution of marriage in the state of Montana. It is most common that people file for a dissolution of marriage in the county in which they live. You can also read more about the Montana residency requirements in the Montana state statutes located at: http://leg.mt.gov/. If you are unsure of whether or not you meet the Montana residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.
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