How to File for Divorce in Montana

When the case is filed, one spouse must be domiciled in Montana, or stationed in Montana as a member of the armed services, and must have kept that domicile or military presence for the 90 days before filing.

The district court clerk's fee for filing a petition for dissolution of marriage is $170, and $150 for a petition for legal separation. A responding spouse pays $60 on appearance, and the prevailing party pays $50 on entry of judgment. A person who cannot pay may ask for a fee waiver by filing an affidavit and financial statement.

Montana has a summary dissolution procedure for spouses who both want the divorce, meet the residency rule, and meet these conditions: the wife is not pregnant; there are no children of the relationship, or there is an agreed parenting plan and child support has already been set by order; neither owns real estate (a short residential lease is allowed); unsecured debts incurred during the marriage are no more than $20,000; total assets are under $50,000; they have a signed agreement dividing assets and debts; both waive maintenance and the right to appeal; and both have read the summary dissolution brochure. They file a joint petition signed under oath, and after 20 days the court holds a hearing with both present and enters the decree. In other agreed cases, spouses who have filed a separation agreement and financial disclosures may ask for a decree by affidavit without a hearing, though the court may still require one.

When one spouse files, the other must be served and has 21 days to respond; a decree may not be entered until 21 days after service. In a summary dissolution, the hearing is held after 20 days from the filing of the joint petition. A decree is final when entered, subject to appeal.

The Montana Judicial Branch's free court forms page ("Ending Your Marriage") has packets for Dissolution with Children, Dissolution without Children, Joint Dissolution with Children and Joint Dissolution without Children, plus Response to Dissolution with Children and Response to Dissolution without Children, a Declaration of Invalidity of Marriage (Annulment), a Request for Waiving Court Fees and instructional materials. A questionnaire helps you decide which process fits, and the page links to MontanaLawHelp.org's dissolution information and forms. Always follow the local rules of the court where you file.