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Montana Separation Agreement

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Updated October 16, 2024

A Montana separation agreement is a legal document that allows married couples who do not want to divorce but who also no longer wish to live together to establish terms and rules for their separation. Separation agreements can establish child support payments, determine how assets are divided, and set custody arrangements.

Is a Separation Agreement Legal in Montana?

Yes, couples may create separation agreements and can petition a court for a judicial separation.[1]

Legal Separation Requirements

  • Filing Fee: $180
  • Residency: At least one of the spouses must have resided in the state for at least 90 days prior to filing.[2]
  • Where to File: In the district court covering the city or county where one or both of the spouses reside.

Court Forms

Sample

Sources

  1. § 40-4-201
  2. § 40-4-104