Divorce in Montana

How to file for divorce in Montana

1. Check residency. 90 days in Montana before filing (or stationed there on active military duty).
2. Prepare and file the Petition for Dissolution of Marriage (or Joint Petition) with the District Court in your county. The filing fee is typically $200 to $250, and you can ask for a fee waiver if you cannot afford it.
3. Serve your spouse, or have them sign an acceptance of service, and file proof of service.
4. Exchange financial disclosures. Both spouses must exchange a Preliminary Declaration of Disclosure covering income, assets, and debts within 60 days of service.
5. Settle the issues in a written agreement, and a parenting plan if you have children.
6. Wait out the waiting period. 21 days after service before a final decree can be entered. Then ask the court for your final judgment.

Residency and grounds

Residency: 90 days in Montana before filing (or stationed there on active military duty).

Grounds: No-fault only. You do not need to prove anyone did anything wrong.

Separation: None required before filing.

How property is divided

Montana uses equitable distribution. Marital property and debts are divided fairly, which often lands near equal but not always. Courts weigh things like the length of the marriage, each spouse's income and earning capacity, and contributions as a homemaker. Read how property is divided.

Custody and child support

Parenting terms: Montana uses the terms parenting time (Parenting Plan). Every decision is made in the child's best interests.

Parenting class: No statewide mandate found; check local district rules.

Child support: Montana uses the Melson model, which first reserves a basic amount for each parent's own needs, then applies a percentage to the remaining income. Try the child support calculator.

Spousal support

Called maintenance; awarded only if the requesting spouse lacks sufficient property and cannot support themselves through employment, with no fixed formula and broad judicial discretion.

Estimate a range with the spousal support calculator, then have a lawyer check it if the numbers are large.

Faster and simpler options

Summary Dissolution: Available when there are no minor children, combined marital assets (excluding secured debt) are under $50,000, and both spouses fully agree on all terms.

Legal separation: available in Montana, for couples who want support and parenting orders without ending the marriage.

How long it takes

The minimum is set by the waiting period: 21 days after service before a final decree can be entered. A typical timeline is 30 to 90 days for an uncontested case, after the 21-day post-service period. Agreement is what moves the date most; contested cases add months of disclosures, discovery and hearings.

Worth knowing in Montana

• Montana is a pure no-fault state; irretrievable breakdown is the only ground.
• Montana is one of only three states (with Delaware and Hawaii) using the Melson child support formula.
• Custody is called a Parenting Plan and uses parenting time rather than custody/visitation language.

Some local details vary by county in Montana, including filing fee, filing fee, parenting course. Check with your county clerk.

Official resources

Official forms and instructions come from Montana's courts. Sources we reviewed:

• courts.mt.gov
• courts.mt.gov
• recordinglaw.com

Last reviewed September 2026. Laws and fees change; confirm with your court before you file.