Does Montana have Jurisdiction for your divorce?

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.

If you have minor children living with your spouse in another state for over six months then you should consider filing in that state as that court has jurisdiction over the children. Your spouse can waive that jurisdiction in writing.


You should file the divorce in the county where you presently reside, or in the County where your spouse resides, if she lives in another County. You or your spouse must have a Montana address in the county where you are filing your divorce. Montana civilian residents living overseas may file in Montana if they have maintained their residency in Montana.