How to File for Divorce in Montana

Complete guide to Montana dissolution of marriage, forms, and requirements for 2025
20-Day Waiting Period
$200 Filing Fee
90-Day Residency

Steps to File for Divorce in Montana

1

Meet Residency Requirements

One spouse must have been a Montana resident for at least 90 days before filing.
2

File the Petition

File a Petition for Dissolution of Marriage with the District Court. Montana only allows no-fault divorce (irretrievable breakdown).
3

Serve Your Spouse

Your spouse must be served. They have 21 days to respond.
4

Complete Disclosures

Exchange financial disclosures including property, debts, and income.
5

Attend Hearings

Attend any required hearings. Mediation may be required for contested issues.
6

Finalize After 20-Day Wait

After the 20-day waiting period and resolution of issues, receive your Decree of Dissolution.

Montana Divorce Requirements

Residency Requirement

90 Days
One spouse must have been a Montana resident for 90 days before filing.

Waiting Period

20 Days
Montana requires a 20-day waiting period from service before finalization.

Filing Fees

$200
Filing fee is approximately $200. Fee waivers available.

Required Montana Divorce Forms

Petition for Dissolution
Primary form to initiate divorce
Summons
Notice to respondent
Financial Disclosure
Income and assets statement
Parenting Plan
Custody arrangement
Child Support Worksheet
Montana guidelines calculation

Filing Options in Montana

In-Person Filing

  • File at District Court Clerk
  • County courthouse
  • Self-help center available
  • Pay fee at filing
  • Get file-stamped copies

E-Filing

  • Montana E-Filing System
  • File from any location
  • Electronic fee payment
  • Track case online
  • Receive notifications

Contested vs. Uncontested Divorce in Montana

Uncontested Divorce

  • Both spouses agree
  • 20 days minimum
  • Summary dissolution available
  • Lower costs
  • Faster process
  • Simpler procedure

Contested Divorce

  • Spouses disagree
  • Takes longer
  • Discovery required
  • Multiple hearings
  • May need trial
  • Higher costs

Important Things to Know

Montana is a pure no-fault state following equitable distribution. Summary dissolution is available for shorter marriages without children or significant assets.

Montana-Specific Considerations

  • Montana is an equitable distribution state
  • 20-day mandatory waiting period
  • Pure no-fault divorce state
  • Summary dissolution for short marriages
  • Mediation encouraged

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