Montana Divorce Filing Checklist 2025

Filing for divorce in Montana—called "dissolution of marriage"—requires understanding the state's 90-day residency rule, District Court procedures, and unique no-fault grounds. Whether you're pursuing an uncontested dissolution or preparing for a contested case, this comprehensive checklist guides you through Montana's process.

Understanding Montana's Dissolution of Marriage System

Montana uses the term "dissolution of marriage" instead of "divorce." This is more than semantics—it reflects Montana's strictly no-fault approach. You don't plead or prove wrongdoing. Instead, under MCA 40-4-104, you swear the marriage is irretrievably broken, supported by one of two grounds.

Montana's 90-Day Residency Requirement

According to MCA 40-4-104(1)(a), at least one spouse must be domiciled in Montana or stationed here on active military duty and must have maintained that domicile or presence for 90 days immediately before filing.

This 90-day period is straightforward: if you moved to Montana on January 1, you can file for dissolution on April 1 (or later). Military members stationed in Montana for 90 days also qualify.

Venue Rules: Which County District Court?

Montana has 56 counties, and each has a District Court that handles dissolutions. Under MCA 25-2-118(3), proper venue is any county where either spouse has resided during the 90 days before filing.

This gives you flexibility: if you and your spouse live in different Montana counties, you can file in either county.

No-Fault Grounds: Irretrievably Broken

Montana recognizes only no-fault grounds for dissolution. According to MCA 40-4-104(1)(b), you must demonstrate the marriage is irretrievably broken by proving either:

• Living separate and apart for more than 180 days before filing, OR
• Serious marital discord adversely affecting at least one spouse's attitude toward the marriage

Traditional fault-based defenses (condonation, collusion, recrimination) have been abolished under MCA 40-4-105(4).

Required Forms for Montana Dissolution

The Montana Courts provides free, fillable dissolution packets:

Without Minor Children

• MP-112: Petition for Dissolution without Children
• MP-201: Response (if contested)
• MP-400: Summons & Automatic Economic Restraining Order
• MP-500/510: Financial disclosure forms
• MP-713/714: Decree forms

With Minor Children

• MP-113: Petition for Dissolution with Parenting Plan
• MP-300: Proposed Parenting Plan
• MP-202: Response (if contested)
• Same service and financial forms as above
• MP-701-703: Hearing and decree forms

Filing Fees and Costs

Montana's dissolution filing fees are set by statute and uniform statewide:

• Petition filing fee: $170 (MCA 25-1-201)
• Additional civil filing fee: $20 (MCA 25-1-202)
• Technology surcharge: $10 (MCA 3-1-317)
• Total at filing: $200

Additional costs include:

• Respondent appearance fee: $60 + $10 surcharge = $70 (upon filing Response)
• Entry of judgment fee: $50 (assessed at the end)
• Service costs: Sheriff service varies by county; certified mail approximately $10-20

If you cannot afford the fees, file a "Request for Waiving Court Fees" with an affidavit of inability to pay.

Estimate Your Montana Dissolution Costs

Use our calculator to estimate filing fees, service costs, and other expenses based on your specific situation. To learn more about keeping costs down, check out our comprehensive guide on ways to save money during divorce.

The Automatic Economic Restraining Order (AERO)

One of Montana's most important protections is the Automatic Economic Restraining Order. According to MCA 40-4-126, the AERO is included with the summons and automatically restrains both parties from:

• Transferring or encumbering marital property
• Cancelling joint credit or insurance
• Withdrawing retirement funds (except for ordinary expenses)
• Incurring unreasonable debt

The AERO binds the petitioner upon filing and the respondent upon service. Limited exceptions exist for ordinary living expenses, business operations, and reasonable legal costs. You may file 14 days' notice for any extraordinary expense.

Service of Process and the 21-Day Rule

After filing, you must serve your spouse with the Summons and Petition. Montana follows Montana Rules of Civil Procedure, Rule 4:

• In-person service by sheriff, deputy, or any nonparty adult
• First-class mail with Notice and Acknowledgment form; if no acknowledgment within 21 days, switch to personal service
• Publication only with court permission in limited circumstances

Under MCA 40-4-105(3), your spouse has 21 days after service to file a Response. Critically, no decree may be entered until at least 21 days after service—even in uncontested cases. This is Montana's minimum waiting period.

Summary Dissolution: Montana's Fast Track

Montana offers a streamlined "summary dissolution" process if strict limits are met. Under MCA 40-4-130 to -136, you qualify if:

• No real property owned
• Unsecured debt ≤ $20,000
• Total asset value < $50,000 (excluding encumbrances)
• Wife not pregnant
• Either no minor children OR a parenting plan in place plus child support ordered
• Both spouses waive maintenance and appeal rights

After 20 days from filing the joint petition, both parties appear for a short hearing. If criteria are still met, the court enters the final judgment the same day.

Mandatory Financial Disclosures

Montana requires structured financial disclosures in most dissolutions:

• Preliminary Declaration of Disclosure: Each party must serve (not file) within 60 days after service of the petition, listing all assets/liabilities and income/expense data (MCA 40-4-252)
• Final Declarations: Before settlement or trial, both parties exchange final declarations of assets, liabilities, and income (MCA 40-4-253-254)

Default cases can waive the final declarations (MCA 40-4-257).

E-Filing in Montana

Montana operates a statewide e-filing portal. Availability varies by county and case type. Attorneys may be mandated to e-file by local rule; self-represented filers can often file on paper and, in some districts, may be permitted to e-file.

Check the Montana Courts E-Filing portal for current coverage, rules, and login information for your county.

Typical Montana Dissolution Timelines

Timelines vary based on whether your case is contested. For more details on what to expect, see our article on Montana divorce timelines:

• Uncontested dissolution (no children): 60-120 days, with 75-90 days typical in low-backlog counties. The 21-day minimum after service is the baseline.
• Uncontested dissolution (with children): 90-150 days, allowing time for parenting plan review and disclosures.
• Summary dissolution: As fast as 20 days from filing if all criteria are met and both parties appear at the short hearing.
• Contested dissolution: 6-18 months or longer, depending on discovery, mediation, temporary orders, and trial scheduling.