Are Divorce Records Available to the Public in Montana?
Yes. Divorce records in the State of Montana are kept in the public domain. However, only parties to a divorce and their legal representatives can access complete divorce records. All other individuals who make record requests are only eligible to obtain information that verifies the legal status of the divorce.
Montana also restricts access to sealed divorce records. The state does not seal divorce records by default. Rather, the parties involved in a divorce case must request the court to make some or all of the records of the case confidential. To do so, both parties must file a motion to seal these records with a Montana Family Court after the conclusion of their divorce proceedings. A motion to seal divorce records will not be automatically granted. Upon the filing of the motion, it will be reviewed by the judge and may be granted or denied. The onus is on the party filing the motion to convince the judge of the necessity to seal the records. Probable reasons to have the motion granted include the following:
- The protection of trade secrets
- The protection of information regarded to impact national security
- To discourage scandal or defamation
- The protection of the identities of minors and victims of abuse
- To protect individuals against the threat of harassment, exploitation, physical intrusion, or other forms of harm to the parties involved or a third party
- To protect personal financial information
A motion that requests that specific portions of the divorce record be sealed is more likely to be granted than a motion that requests the sealing of the entire record.
Upon the granting of a motion to seal a divorce record, the sealed record becomes inaccessible to all parties, with the exception of the parties named on the record and their legal representatives.
Montana Divorce Records
A divorce record encompasses all the information available about the dissolution of a marriage. This includes all the written, audio, and video files presented and generated in the court of the court proceeding ending in the divorce. A divorce record includes the information contained in a divorce certificate and a divorce decree. It represents a complete case file on the dissolution of the marriage and is stored in the custody of the Clerk of the District Court, where the final judgment in the divorce was issued.
How Do I Obtain Montana Divorce Records?
To obtain divorce records in the State of Montana, submit a written request to the Clerk of the District Court in the county where the divorce was granted. Alternatively, visit the Office of the Clerk of the Court and make the request in person.
The Office of Vital Statistics of the Montana Department of Public Health and Human Services keeps an index of all the divorces finalized in the state since July 1943. The state office does not have the authority to issue copies of divorce records but can provide verification of the legal status of the dissolution of a marriage from July 1943 to the present in any county of the state. There is a $10 non-refundable fee for this service covering record search and verification. To verify a Montana divorce, submit a written request to
Office of Vital Statistics
Department of Public Health and Human Services
111 North Sanders
Room 6
P.O. Box 4210
Helena, MT 59604-4210
Montana divorce records include all the available documents related to the dissolution of marriages in the State of Montana. A complete divorce record comprises motions, orders, reports, evaluations, final judgment, and other documents generated during and after the process of dissolving a marriage. Typically, these documents can be classified into court and vital records and include divorce certificates, divorce decrees, and divorce case files.
Divorce records are considered court records. They may, therefore, be searched on third-party public record websites. Divorce records can offer personal information on minors, finances, and sensitive criminal information like domestic abuse.
Understanding Divorce Certificates
A divorce certificate is a document that verifies the dissolution of a marriage. Of all the official documents related to a divorce, it contains the least amount of information. The typical information provided on a divorce certificate includes:
- Names of the two people getting the divorce
- The time of the divorce
- The location of the divorce
Understanding Divorce Decrees
A divorce decree is the official court document that provides details of the final divorce judgment passed by a Family Court. In Montana, this document officially dissolves a marriage. It is issued by the court and will be received by both parties (or their attorneys) at the end of the proceedings. A divorce decree details the specifics of the settlement reached in the case, including the following:
- Property and asset division
- Terms and schedules of spousal and child support payments
- Parenting plan and visitation rights
- Debt responsibilities of each party
- In Montana, a divorce decree is retained by the Clerk of the District Court in the county where the divorce was granted.
How Do I Obtain Montana Divorce Decrees?
Copies of a divorce decree are issued to both parties in the divorce following the final judgment. Montana issues copies of divorce decrees to representing attorneys on behalf of their clients.
Divorced parties looking to obtain a copy of the divorce decree at a later date may contact the Office of the Clerk of the District Court where the judgment was issued. The Clerk of the Court is authorized to issue copies of a divorce decree to both parties named on the record or their attorneys upon the establishment of identity and the payment of a fee. Montana District Court Clerks usually charge $10 for a plain copy of a divorce decree and an extra $2 for a certified copy. These fees may vary from county to county, so it is advisable to verify with the appropriate Office of the Clerk in advance.
Parties making requests for copies of a divorce decree must provide acceptable forms of IDs and the following information:
- Names of both parties to the divorce
- Date of the divorce
- Location of the divorce
- Court case number
Government public record search portals and third-party public record websites both may provide court records search tools, which can help find divorce records, though record availability usually varies widely. Divorce records, in particular, may simply not be available through either source.
How to Find Out if Someone is Divorced in Montana
All documents related to divorce proceedings are maintained by the State of Montana. To find out if someone is divorced in Montana, individuals seeking records can check the database maintained by the courthouse or a privately owned site. Although divorces are considered part of the public record, the full case files are not available for a public online search.
How to Find Public Divorce Records Online
To find public divorce records online, members of the public can check the database maintained by the Department of Public Health and Human Services of Montana. One can also check third-party databases of divorce records.
Does Montana Recognize Common-Law Marriage?
The state of Montana recognizes common-law marriages. It's one of several states in the United States where the practice is still valid. According to the Montana Supreme Court, for a Montana common-law marriage to be held valid,
- The couple must have the capacity for marriage. This means they are entering marriage by consent, have reached marriageable age, and their decisions are not influenced by any substance.
- The agreement to marry is mutual, not necessarily a public matter, but must be intentional.
- The couple must identify as husband and wife in public. While cohabitation is considered, the duration is not a major decisive factor. So also, sharing last names or operating joint accounts.
Common-law marriage in Montana requires a divorce to end the relationship, and children born to a common-law couple are legitimate children. A declaration of solemnization, although not compulsory, gives more substance to common-law marriages in Montana.
What is the Dissolution of Marriage?
Dissolution of marriage is the legal term used for divorce in Montana. Montana provides for a dissolution of marriage if:
- There's "an irretrievable breakdown in the marriage" (M.C.A. § 40-4-107).
- Spouses have lived separately/apart for 180 days before filing for dissolution.
- There is serious marital discord that affects one or both of the parties (M.C.A. 40-4-104).
The state of Montana also grants no-fault dissolution.
The dissolution of the marriage process is not different from a divorce process in Montana. A dissolution of marriage record contains the names of the former spouses, their date of birth, location, and the date of divorce.
How to Find Dissolution of Marriage Records in Montana
To find a dissolution of marriage records in Montana, individuals seeking records can either conduct a search on the state-maintained database or third-party sites online. Another way is to submit a written request to the Clerk of the District Court in the county where the divorce was granted. One can also visit the Office of the Clerk of the Court in person and make a request. Persons seeking records can also send emails to the Office of Vital Statistics.
Montana Department of Public Health and Human Services
111 N. Sanders, Room 6
P.O. Box 4210
Helena, MT 59604
Please note that certified copies are not available to the public from the state office. The fee for search and verification of dissolution of marriage is $10. It costs $12 to get a certified copy. Printed copies charge $1 per page for the first ten pages and 50¢ thereafter.
Email fees: 25¢ per page. If the year of the dissolution is known, the requester would not need to request a search. Please note that only verification of the marriage dissolution can be provided to third parties.
How to Get Divorce Papers in Montana
Persons seeking to get divorce papers in Montana can get one from the courthouse. Some private sites also have online options. The Montana Judicial Branch maintains a site that provides detailed information regarding divorce in the state, including necessary divorce forms to complete the filing process. A divorce paper can either be served through notice and acknowledgment (for a cooperative spouse) or by the sheriff (for an uncooperative spouse). It can also be served privately or by publication (in a situation where the other spouse cannot be located).
Some of the divorce documents in Montana include the “Petition for Dissolution (with or without children” and the “Summons,” a request for waiving fees and joint dissolution.
How to Find Divorce Papers Online
Individuals who need Montana divorce papers can get them from the state's courthouse database. Some private sites also provide divorce papers online. The Montana Judicial Branch maintains a site that provides detailed information regarding divorce in the state, including necessary divorce forms to complete the filing process.
