Home › States › Montana

State guide

Montana

Divorce, lawyers, and free legal help in Montana — verified against official sources.

How divorce filing works in Montana

The Montana Court System runs divorce, dissolution, legal separation, and annulment forms with FAQs. Start there before anything else.

Official court site

Montana Court System — Divorce and Dissolution

Divorce, dissolution, legal separation, and annulment forms and FAQs from the courts.

courts.mt.gov — end a marriage →

Find a divorce lawyer

State bar association

State Bar of Montana — For the Public

The Bar's free "Licensed Lawyer Montana" referral service: (406) 449-6577.

montanabar.org — for the public →

New to hiring a lawyer? Read Start Here first — it covers what to ask and what to bring.

Free or low-cost legal help

Legal aid

Montana Lawhelp

Free civil legal information and DIY help, connected with Montana Legal Services Association.

montanalawhelp.org →
Official state hotline

Report Child Abuse or Neglect

Call 1-866-820-5437 — Montana DPHHS Centralized Intake, 24/7 statewide. (Phone only — no online reporting form.)

dphhs.mt.gov — report abuse →
Housing help

Montana Homeowner Assistance Fund

The Department of Commerce offers Mortgage Reinstatement up to $50,000 and Lien Prevention Grants up to $10,000 for owner-occupied primary residences with income at or below 100% of area median income. (Montana has no court-run foreclosure mediation program.)

commerce.mt.gov — homeowner assistance →
Community help

Call 211

Free, confidential referrals to local help. Dial 211 from any phone.

211.org →
Community help

Montana Coalition Against Domestic and Sexual Violence

Toll free 888-404-7794.

mcadsv.com →

Unpaid wages in Montana

Your boss owes you pay and won't hand it over? Here's where to file and how long you have in Montana.

File a claim

Where to go

Montana Department of Labor and Industry, Employment Relations Division (Wage & Hour Unit)

Deadline

Time limit to file

180 days

Minimum wage

What the floor is

$10.85 (2026)

Learn more about unpaid wages in Montana →

Changing your name in Montana

Whether it's marriage, divorce, or just time for a fresh start — here's the process in Montana.

Process

How it works

petition the District Court in your county

Cost

Typical court fee

$120 (official state fee schedule)

Publication

Newspaper notice required?

yes

Learn more about changing your name in Montana →

Small claims court in Montana

Suing someone without a lawyer, for smaller amounts, in a simpler court. Here's how it works in Montana.

Limits

Maximum claim

$7,000

Cost

Filing fee

$20–$30

Lawyers

Can you bring one?

no, unless all parties have one

Learn more about small claims court in Montana →

Clearing your criminal record in Montana

Expungement or sealing can hide eligible arrests and convictions from background checks. Here's where Montana stands.

Availability

Can records be cleared?

very limited — no adult felony expungement

Eligibility

What qualifies

misdemeanors once per lifetime; dismissed deferred sentences

Timing

Waiting period

5 years after sentence completion (misdemeanors)

Learn more about clearing your criminal record in Montana →

Child support in Montana

How child support gets calculated — and when it ends — in Montana.

Calculation

How it's figured

Melson formula (modified: self-support reserve, primary support allowance, then standard-of-living adjustment) Montana DPHHS Child Support Guidelines Worksheet

Duration

When it ends

emancipation or high school graduation, whichever is later, but no later than the 19th birthday

Learn more about child support in Montana →

Lemon law in Montana

Bought a new car that's constantly in the shop? Montana's lemon law may get you a refund or a replacement.

Coverage

Which vehicles qualify

new motor vehicles only (excludes motorcycles and trucks 10,000+ lbs GVW)

Threshold

When it's legally a lemon

4+ repair attempts or 30+ business days out of service during the warranty period (2 years/18,000 miles)

Remedy

What you get

refund or replacement vehicle

Learn more about the lemon law in Montana →

Tenant rights in Montana

Renting comes with rights most people never hear about until something goes wrong. Here are the key ones in Montana.

Eviction

Notice before eviction

30 days to end month-to-month; 3-day notice to pay or move for nonpayment

Security deposit

Deposit limits & return

no statutory maximum; returned within 10 days if no deductions, otherwise 30 days with an itemized list

Repairs

When the landlord won't fix things

may repair and deduct after written notice

Learn more about tenant rights in Montana →

DUI / DWI in Montana

Driving under the influence carries some of the stiffest penalties in everyday law. Here's how Montana handles it.

Legal limit

Blood alcohol (BAC) limit

0.08; aggravated DUI at 0.16

First offense

Typical penalties

up to 6 months in jail (24-hour minimum), $600-$1,000 fine, up to 6-month license suspension

Prior offenses

How far back DUIs count

10-year lookback

Learn more about DUI / DWI in Montana →

Gun laws in Montana

Gun laws vary a lot from state to state — what's perfectly legal in one state can be a crime in another. Here's the big picture for this state. Laws change often, so double-check anything before you act.

Concealed carry

Carrying a concealed handgun

Permitless carry (no permit required since 2021); optional shall-issue permit available for reciprocity

Open carry

Carrying openly

Generally allowed without a permit

Buying a gun

Background checks & waiting periods

Private sales: not required No waiting period.

Red flag law

Extreme risk protection

No red flag law on the books here.

Out-of-state permits

Reciprocity

Recognizes permits from states that recognize Montana permits.

Learn more about gun laws in Montana →

Filming the police: your rights in Montana

Federal appeals courts across the country have recognized a First Amendment right to photograph and record police officers performing their official duties in public. The U.S. Supreme Court has not ruled on it directly. The right does not protect interfering with officers, trespassing, or breaking other laws while you record.

Audio recording

All-party consent

State law generally requires everyone recorded to consent — but on-duty officers in public have no reasonable expectation of privacy, so courts have held that recording them is protected. (Mont. Code Ann. § 45-8-213(1)(c))

Distance rules

No buffer-zone law

Montana has no law setting a minimum distance for filming police. You still must not interfere with officers doing their jobs.

Montana bars recording a conversation with a hidden device 'without the knowledge of all parties' — so notifying everyone you are recording (not their approval) satisfies the law. Openly filming officers on duty is protected by the First Amendment in the 9th Circuit (Fordyce v. City of Seattle). No Montana buffer-zone law exists.

Learn more about filming the police in Montana →

Drug & alcohol addiction help in Montana

Addiction is a health issue, and help is out there — including court programs that can send people to treatment instead of jail. No insurance needed to call.

24/7 helpline

SAMHSA National Helpline

Free, confidential referrals to treatment — call 1-800-662-4357 (English & Spanish).

State help

Treatment in Montana

Find treatment programs →

Drug court

Treatment courts in Montana

How drug courts work here →

Human trafficking victims in Montana

If you or someone you know is being forced to work or forced into sex against their will, you are a victim of a crime and help is available — immigration status does not matter.

24/7 hotline

National Human Trafficking Hotline

Call 1-888-373-7888 or text 233733 — free, confidential, for victims and anyone who suspects trafficking.

State resources

Montana trafficking resources

Official Montana resources →

Victim help

Help for victims in Montana

Find victim services →

Bullying in Montana

Every state has an anti-bullying law, and every school must have a plan. If your child is being bullied, document what happens and report it in writing to the school — and know what your state’s law requires.

Federal resource

StopBullying.gov

Official federal bullying-prevention hub →

Report & get help

Montana bullying resources

Official Montana resources →

Your state’s law

Montana anti-bullying law

How Montana law defines and handles bullying →

Homelessness help in Montana

If you are homeless or at risk of losing your housing, help is close by. Shelters, food, health care, and long-term housing programs exist in every community.

24/7 help

211 homeless services

Dial 211 and press 6 for homeless services in your area.

State help

Montana homelessness help

Official Montana resources →

State coalition

Montana homeless coalition

Statewide homelessness organization →

Veterans

VA homeless veterans

Homeless veterans: call the VA National Call Center at 1-877-424-3838 (877-4AID-VET), 24/7.

Deed fraud & squatters in Montana

Thieves can forge a deed to steal your home’s title — many counties offer free recording alerts that notify you if anything is filed against your property. And if someone is living in your property without permission, your state has specific rules for removing them: you generally cannot just change the locks.

National alert

FBI: protect your property from deed fraud

FBI Internet Crime Complaint Center alert on parcel-owner impersonation →

Deed fraud protection

Montana deed-fraud resources

Official Montana resources →

Removing squatters

Montana squatter-removal rules

Official Montana rules →