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Filing for divorce in Montana

What you file, where you file, what it costs, and the rules that catch people out. Compiled from Montana court and statute sources.

How to read these entries.

This is general legal information compiled from state court websites, state statutes, and official self-help materials. It is not legal advice, and reading it does not create an attorney-client relationship with anyone.

Why we publish it. Most people meet the family law system once, at the worst moment of their life, knowing nothing about it. That gap is where people get overcharged and poorly served. This page exists so you can walk in already knowing roughly how your state works, ask sharper questions, and recognize when an answer does not sound right. It is here to help you hold your attorney to a standard, not to replace what they do.

Talk to a lawyer licensed in your state. That is the normal path, not a fallback for when something goes wrong. Nothing here can account for the facts of your marriage, your finances, or your children, and those facts are usually what determines the outcome. Many states also have free legal aid and court self-help centers, and we link to them by state.

Verify before you rely on anything. Every entry cites its source. Follow that citation to the official state site and confirm it still says what we say it says, and that it applies to your situation. Filing fees, form numbers, e-filing rules, and local standing orders change frequently, and a form number that was right last year can get your filing rejected today.

The same state can treat you very differently depending on whether your spouse agrees, whether you have minor children, whether you file jointly or alone, and which county or judge hears it. Waiting periods run from filing in some states and from service in others. Deadlines described here as fixed are the statutory default, and a judge may still have narrow discretion in an emergency.

If you are in danger, do not wait on any of these timelines. An order of protection is a separate and much faster process than a divorce, and it does not depend on any waiting period described on this page.

Your roadmap
What you file
MP-112 Petition without children, or MP-113 with children, when filing alone
MP-115 or MP-116 Joint Petition, which removes the need for service
MP-400 Summons and Automatic Economic Restraining Order
MP-500 Financial Disclosure and Proposed Property Distribution, and MP-510 Income and Expenses
MP-300 Proposed Parenting Plan, if you have children
Vital Statistics Reporting Form
MP-701 Request for Hearing and Statement of Compliance with Financial Disclosure
MP-713 Dissolution Decree, plus a Statement of Inability to Pay if you need fees waived
Where you fileClerk of District Court in your county, after 90 days of Montana residency. Bring three complete sets of forms.
What it costsRoughly $200 to file plus a $45 to $50 judgment fee. Waivable, but a judge must approve before your case proceeds.
The sequence
1. Pick your path. A joint petition with a cooperative spouse eliminates formal service and is much faster.
2. Download the free packet from courts.mt.gov, which includes instructional cheat sheets and videos for each form.
3. File three sets with the Clerk of District Court. The Automatic Economic Restraining Order binds you on filing and your spouse on service, restraining both of you from moving money or property.
4. Your spouse has 21 days to file a verified response, which is also the minimum before a decree can be entered.
5. Serve preliminary financial disclosures within 60 days of service. These are served on your spouse, not filed with the court.
6. File the request for hearing, attend the short hearing, and the judge signs the decree. It is final on entry, and either spouse may remarry immediately.
Montana also offers summary dissolution for couples with no real property, unsecured debt of $20,000 or less, marital assets under $50,000, no pregnancy, and a willingness to waive maintenance and appeal rights. That path can finish about 20 days after filing.
Court forms

Montana calls divorce a "Dissolution of Marriage." Couples who agree can file a Joint Petition; otherwise one spouse files a Petition for Dissolution (forms MP-112, MP-115, and related packets). The filing fee is about $200 to $250, with a fee waiver available for households at or below 125% of federal poverty guidelines.

Montana Judicial Branch: end a marriageOfficial dissolution forms and instructions, including joint and single-petition packets.
Montana Law Help: DIY divorce and custody guideA free step-by-step walkthrough of filing, service, parenting plans, and fee waivers.
State rules and gotchas

Montana can divide property you would expect to keep, including premarital assets, inheritances, and gifts Verified Jul 2026

Montana equitably divides all property owned by either spouse, regardless of when it was acquired or whose name is on the title. Premarital assets, inheritances, and gifts can all be pulled into the marital estate, unlike many states that shield them by default.

Source: MCA Section 40-4-202. Confirm with the court.

A court will not decide parenting until the children have lived here 6 months Verified Jul 2026

For a Montana court to rule on custody (called a parenting plan), the children generally must have lived in the state for at least six consecutive months before filing, the UCCJEA "home state" rule. You may be able to divorce sooner, but parenting could have to be decided in another state.

Source: MCA Sections 40-4-211 and 40-7-201. Confirm with the court.

Your spouse cannot block the divorce by fighting it Verified Jul 2026

Montana's only ground is irretrievable breakdown. If one spouse denies it, the court can pause up to 60 days for counseling, but if it still finds the marriage broken, it must grant the dissolution. There is no way to veto a Montana divorce.

Source: MCA Section 40-4-104. Confirm with the court.

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