A spouse generally may file for divorce in the state and county in which the spouse resides—or in which the other spouse resides. In many states the spouse must have lived in the state or county for a specified period of time before filing for divorce.
Laws regarding this residency requirement and where a lawsuit for divorce may be filed vary from state to state and with circumstances in which the spouses share minor children.
Laws regarding the requirements for filing for divorce are usually located in a state’s statutes—often in the family code or domestic relations code.
In Montana, the residency requirement for filing for divorce is that at least one of the spouses must have resided in the state for 90 days immediately prior to filing. This is outlined in the Montana Code Annotated (MCA) under Title 40, which governs family law matters including divorce. The divorce must be filed in the district court of the county where either spouse resides. If the spouses share minor children, Montana law requires that the children must have resided in the state for at least six months before the court has jurisdiction over child custody matters, unless there are emergency circumstances. It's important for individuals considering divorce in Montana to be aware of these residency requirements, as failure to meet them can result in a dismissal of the divorce action.