Filing for divorce in Montana requires choosing between two distinct legal paths: uncontested and contested. Montana calls divorce a "dissolution of marriage" and operates as a purely no-fault state. Your choice between these paths determines your timeline, costs, and stress levels. Uncontested dissolutions typically conclude in 2-4 months for $200-$400, while contested cases can extend 9-18 months with costs reaching tens of thousands of dollars. Making the right choice can help you save money on divorce.
Understanding Montana Divorce Requirements
Before filing for dissolution in Montana, you must meet basic residency requirements. At least one spouse must be domiciled in Montana or stationed here on active military duty for a minimum of 90 days before filing. Cases are handled by the Montana District Court in the county where either spouse has resided during the 90 days preceding filing.
Montana is a no-fault divorce state. The only legal ground is "irretrievable breakdown" of the marriage, demonstrated by either living separate and apart for more than 180 days before filing, or serious marital discord affecting one or both parties' attitude toward the marriage. Montana law imposes a 21-day minimum waiting period after service before any decree can be entered.
Uncontested Dissolution in Montana: The Efficient Path
An uncontested dissolution occurs when both spouses agree on all issues: property division, debts, spousal maintenance, and if applicable, child custody and support. Montana offers several streamlined options for cooperative couples.
Joint Filing Option
Montana allows couples to file jointly using state forms MP-115 (without children) or MP-116 (with children). This eliminates the need for formal service since both parties sign the petition together. Joint filings are the fastest path to dissolution.
Summary Dissolution
Montana offers a fast-track summary dissolution for couples meeting strict criteria under MCA 40-4-130: no real property, unsecured debt under $20,000, total assets under $50,000, wife not pregnant, and both parties waive maintenance and appeal rights. The court holds a short hearing 20 days after filing.
Uncontested Costs and Timeline
- Filing fee: $170 + $20 additional civil fee + $10 technology surcharge = $200 total
- Respondent appearance fee (if not filing jointly): $70
- Entry of judgment fee: $50
- Timeline: 60-120 days typical, with 75-90 days being most common
Contested Dissolution: When Agreement Isn't Possible
When spouses cannot agree on one or more issues, the dissolution becomes contested. This triggers a full litigation process with discovery, potential mediation, and possibly trial.
Common Contested Issues
- Property division: Montana requires equitable (not necessarily equal) apportionment considering marriage duration, each spouse's contributions, and future earning capacity
- Parenting plans: Disputes over custody schedules, decision-making authority, and child-related matters
- Spousal maintenance: Available only when a spouse lacks sufficient property and cannot be self-supporting
- Child support: Calculated using Montana's Child Support Guidelines administered by DPHHS
Contested Process Steps
Montana's contested dissolution process includes mandatory financial disclosures within 60 days, discovery under Rules 26-37, and often court-ordered mediation for parenting issues. The Family Transition Project offers free mediation for qualifying families where at least one party is self-represented and income-eligible.
Contested Costs and Timeline
- Attorney fees: $10,000-$30,000+ depending on complexity
- Mediation: $800-$2,500 total
- Expert valuations (if needed): $2,500-$8,000 for business appraisals
- Timeline: 9-18 months typical for cases requiring trial
Montana Dissolution Cost Comparison
| Factor | Uncontested | Contested |
|---|---|---|
| Filing Fees | $200 | $200 |
| Attorney Fees | $0-$2,500 | $10,000-$30,000+ |
| Mediation | Optional | Often required ($800-$2,500) |
| Timeline | 2-4 months | 9-18 months |
| Total Cost Range | $200-$3,000 | $10,000-$50,000+ |
Estimate Your Montana Dissolution Costs
Use our calculator to estimate potential costs based on your situation:
Divorce Cost Calculator
Get a personalized estimate of your potential divorce costs based on your situation and location
Your Information
Significant disagreements requiring legal help
Child custody/support decisions needed
You've agreed how to divide property
Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.
Montana's Automatic Economic Restraining Order
When you file for dissolution, the clerk issues a summons that includes an Automatic Economic Restraining Order (AERO). This order prevents either spouse from transferring property, canceling insurance, incurring unreasonable debt, or making other financial moves without agreement or court permission. Understanding this protection is essential for your Montana divorce filing checklist.
Factors to Consider When Choosing Your Path
Several factors should guide your decision between uncontested and contested dissolution:
- Communication: Can you and your spouse discuss issues productively?
- Asset complexity: Do you have businesses, real estate, or retirement accounts requiring valuation?
- Children: Can you agree on parenting arrangements?
- Financial resources: Can you afford extended litigation?
- Urgency: Review the Montana divorce timeline to understand realistic timeframes
Disclaimer
This article provides general information about Montana dissolution laws and is not legal advice. Laws change, and your situation may have unique factors. Consult with a qualified Montana family law attorney before making decisions about your dissolution.
Next Steps for Your Montana Dissolution
Whether you pursue an uncontested or contested dissolution, preparation is key. Montana Courts provides free forms and self-help resources through the state forms library. For assistance, contact the Court Help Program at 406-444-9300.
The path you choose today will shape your financial future and family relationships. Take time to evaluate your options and gather the documentation you need before filing.
