Following the United States Supreme Court’s decision in Obergefell v. Hodges, 576 U.S. 644 (2015), there is no real difference in the divorce process for same-sex couples and opposite-sex couples. But same-sex couples may encounter some additional complications in the divorce process regarding issues such as child custody if, for example, one of the same-sex spouses was the biological mother and the biological father did not agree in writing to terminate his parental rights, and later seeks custody of the child.

In Montana, following the Supreme Court's decision in Obergefell v. Hodges, same-sex couples have the same rights and responsibilities regarding marriage and divorce as opposite-sex couples. This means that the legal process for dissolving a marriage, dividing assets, and determining alimony is the same regardless of the gender of the spouses. However, same-sex couples may face additional challenges in divorce, particularly concerning child custody. If a child was born to one spouse during the marriage, and the other spouse is not a biological parent, the non-biological parent's parental rights may not be automatically recognized. This can become complex if the biological father, who did not terminate his parental rights, seeks custody. In such cases, it may be necessary to legally establish parentage for the non-biological parent through adoption or a parenting plan. Same-sex couples are encouraged to consult with an attorney to navigate these potential complexities in the divorce process.